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

MEH
Docket No. 1732-07
1 May 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 1 May 2007. 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 CMC memo 1560 MRRV of 13 Apr 07, a copy of which 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

W. DEAN PFIEFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
	22134-5103	IN REPLY REFER to:
QUANTICO, VIRGINIA	1560

MRRV
APfl	13	2007

MEMOPANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
	Subj:	A LICATION IN THE CASE OF FORMER

states that there is an error on his discharge papers which preclude him from using the Montgomery GI Bill (MGIB). He believes he was enrolled upon enlistment.

Research of Mr.    Official Military Personnel File (OMPF) revealed two separate 2366 DD Forms. Mr.   accepted the MGIB participation by signing the Statement of Understanding section of DD Form 2366 dated 22 January 1997. However, the fol1o~ing day, on 23 January 1997, he signed the Statement of Understanding and the Disenrollment section of a second DD Form 2366. Therefore, his admin unit declined his enrollment based on his second submission.

Under Chapter 30, Title 38, U.S. Code, eligible Marines are automatically enrolled in the MGIB upon their initial active duty entry, unless they exercise their option to dis-enroll. The DD Form dated 23 January 1997 states that he understands that he is eligible for MGIB, that he will be automatically enrolled, but that if he elects to disenroll, “the option to enroll WILL NOT be available” at a later date.

Based on the evidence presented, Headquarters Marine Corps (MRRV) does not recommend changing	MGIB participation status.

Our point of contact is, Education Specialist, at