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

MEH
					      		    Docket No. 9830-06 
							    17 Apr 07

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 17 April 07. 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 memo 1780 PERS 352G of 20 Dec 06, a copy of each is attached.

After careful and conscientious consideration of the entire record, a majority of 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 also 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,

Enclosure

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

1780
PERS-352G
20 Dec 06

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

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

    Ref:	(a)	CNPC memo 5420 PERS-31C of 13 Dec 06
	(b)	Title 38, United States Code, Chapter 30

1.	1.		The following is provided in response to reference (a) initial entrance on active duty was 30 August 1995.  A review of his master digital record revealed he was a Naval Reserve Officer Training Corps scholarship graduate. Per reference (b), Reserve Officer Training Corps (ROTC) scholarship graduates who entered active duty before 1 October 1996, or entered on active duty after 30 September 1996 and received more than $3,400 per year of participation, are not eligible to enroll in the Montgomery GI Bill Program. _ DD Form 2366 of 30 August 1995 correctly reflects his ineligibility as an ROTC scholarship graduate. No further Board action is required.
	
	2.    PERS-352Gs point of contact is ET1(SS) who can reached at 

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