DEPARTMENT OF THE NAVY
			BOARD FOR CORRECTION OF NAVAL RECORDS
				2 NAVY ANNEX
				WASHINGTON DC 20370-5100

SRB
Docket No. 33-06
10 May 06

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 Usc 1552.

A three-member panel of the Board for correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by NPC memorandum 1780 Pers 675 of 6 February 2006, a copy of which is attached.

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,

W. DEAN PFEIFFER
 Executive Director

Enclosure

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

1780
												  PERS-675
												  6 Feb 06

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:	Assistant for BCNR Matters (PERS-31C)

Subj:	REQUEST FOR COMMENTS  AND RECOMMENDATION

Ref:	(a)	CNPC memo 5420 PERS-31C of 1 Feb 06
	(b)	Title 38, United St tes Code, Chapter 30

1.	The following is provided in response to reference (a) -
Recommend denial of	request to enroll in the Montgomery GI Bill (MGIB) Program.  Since     a did not provide substantial evidence to support his c aim of misinformation, there is insufficient reason to recommend approval of his request. This does not appear to be a matter of the member not being provided correct information, but a case where at the time of his election, he didn’t fully understand or speak English. A review of   master digital record indicates he disenrolled from the MGIB Program on 25 July 1985. Per reference (b), the decision to disenroll is irrevocable -

2.	PERS-675G’s point of contact is ~ can be reached at (DSN) 882-4258 or (C) 901-874-4258.

								
								Head, GI Bill  Program Section 
								(PERS-675G)