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NAVY | BCNR | CY2006 | 04427-06
Original file (04427-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SRB
 Doc No. 4427-06
 24 August 2006

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:   
REVIEW OF NAVAL RECORD
Ref:     (a) Title 10 U.S.C. 1552
 (b)      Title 38, United States Code, Chapter 30
En cl :    (1) DD Form 149 w/attachments
 (2)      NPC memo 1780 Pers 675 of 30 Jun 06
(3)      DD Form 2366, Sep 93
(4)      Subject’s naval record
1.       Pursuant to the provisions of reference (a) , Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that he enrolled in the Montgomery GI Bill (MGIB) Program when first eligible.
2.       The Board, consisting of Ms. Ballinger, Mr. Hicks and Mr. Koman reviewed Petitioner’s allegations of error and injustice on 1 August 2006 in accordance with the administrative regulations and procedures applicable to the proceedings of this Board. After careful and conscientious consideration of the entire record, the Board found by a 2 to 1 vote that the evidence submitted by Petitioner was sufficient to establish the existence of probable material error or injustice. Documentary material (end (2)), considered by the Board included Petitioner’s request and supporting documentation, Petitioner’s naval records, advisory opinions furnished by Commander, Navy Personnel Command (Pers 675) which supported Petitioner’s request, and the applicable statutes, regulations and policies governing the MGIB program.
3.       The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:



Doc No. 4427-06

a.       Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.
b.       Petitioner joined the United States Navy on 8 February 1997.
c.       The MGIB program is an educational program that is available to personnel first entering the military after 30 June 1985. Service members must make an election to enroll or decline usually within the first two weeks of active duty. In order to enroll in MGIB, service members are required to contribute a total of $1,200 into the MGIB program (usually $100.00 per month for the first 12 months)
d.       On 13 February 1997, Petitioner signed the DD Form 2366 Montgomery GI Bill Statement of Disenro l lment (enclosure (3)), however, he did not sign the Statement of Understanding indicating that he understood he was eligible for the MGIB Program enrollment. Per the Department of Defense (DOD) policy, both the Statement of Understanding and the Statement of Enrollment or Disenrollment must be signed and witnessed to properly complete the form. Because Petitioner elected to disenroll from MGIB, he lost the MGIB Program benefits.
4.       Petitioner requests that his naval record be corrected to show that he signed DD Form 2366 on or about 13 February 1997 and enrolled in the Montgomery GI Bill (MGIB) Program. He states that on or about 1 May 2005, he was informed by a Private First Class that his disenroliment form was invalid, without explanation. (Perhaps, because both the Statement of Understanding, and Enrollment, or Disenrollment ~ere not signed.)
5.       In correspondence attached as enclosure (2), after review of the records and circumstances surrounding Petitioner’s request, Pers 675, provided a recommendation that Petitioner be given the opportunity to enroll in the MGIB. Pers 675 reasons that because Petitioner did not sign the Statement of Understanding, there is •an error in documenting his enrollment and he should be afforded the opportunity to make an election at this time.
MAJORITY CONCLUSION
Upon review and consideration of all the evidence of record, a majority of the Board consisting of Mr. Hicks and Mr. Koman, concludes that Petitioner’s request warrants favorable action. In this regard, the majority notes that Petitioner did not sign the DD Form 2366 Statement of Understanding. Therefore, the majority
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 Doc No. 4427-06

concludes by a 2 to 1 vote that Petitioner’s record should be corrected as recommended in the advisory opinion to show that he elected to participate in MGIB by signing DD Form 2366 on or about 13 February 1997 when first eligible.
MAJORITY RECOMMENDATION
That Petitioner’s record be changed to show that he signed DD Form
2366 and elected enrollment in the MGIB Program on
13 February 1997. (Note: Petitioner will be responsible for the
$1,200 contribution required to establish eligibility under the
MGIB program).
MINORITY CONCLUSION:
Ms. Ballinger disagrees with the majority and concludes that Petitioner’s request does not warrant favorable action. She relies on the fact that because Petitioner signed the Statement of Disenrollment certifying that he could not enroll at a later date, he should not be afforded the opportunity to make another election at this time merely because he did not sign the Statement of Understanding. She also found that the Petitioners 9 plus year delay in making this claim militated against his application.
MINORITY RECOMMENDATION:
That Petitioner’s request be denied.
6. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 7 23.6(c)) it is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN        WILLIAM J. HESS, III
Recorder         Acting Recorder










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Doc No. 4427-06

7.       The foregoing report of the Board is submitted for your review and action.


W. DEAN PFEIFFER
Executive Director
                                                              
MAJORITY REPORT:

Reviewed and approved:

Robert T. Ca li
 Assistant Gen eral Counsel
          Manpower and Reserve Affairs)
MINORITY REPORT:
Reviewed and approved:

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