DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100

SRB
Docket No. 6715-06
4 Oct 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 3 October 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 352G of 5 September 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-352G
											5 Sep 06

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via: Assistant for BCNR Matters (PERS-31C)
	
	Subj: REQUEST FOR COMMENT AND RECOMMENDTIONS ICO 

Ref: (a) CNPC memo 5420 PERS—3lC of 31 Aug 06
(b)	Title 38, United States 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.

a.	Reference (b) requires an MGIB program enrollment election upon initial entry onto active duty. The Department of Defense considers initial entry to be within the first two weeks of entering active duty. Whether enlisted or officer, this period may be as found it, stressful and intimidating. However, the situation is equal for all new members and it does not constitute an error or injustice regarding their MGIB Program election.

     b.  A review of master digital record indicates he disenrolled from the MGIB Program on 8 July 1988.  states he did not understand the finality of the process. The Statement of Disenrollment on CDR DD Form 2366 specifically states “...the option will NOT be available to me at a later date.” Per reference (b), the decision to disenroll is irrevocable.

c.	Public Law 100-689 provided an open enrollment period for the MGIB Program from 1 December 1988 through 30 June 1989. This amendment allowed members like, who initially declined enrollment, to withdraw their election and contribute $1,200 for the MGIB Program. Unfortunately,  did not enroll in the MGIB Program during this opportunity either.

2.	PERS—675G’S point of contact is PSC Miller who can be reached at (DSN) 882—4259 or (C) 901-874—4259.

Head, GI Bill Programs Section
(PERS-352G)

For Official Use Only - Privacy Sensitive: Any misuse or unauthorized disclosure may result in both civil and criminal penalties