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NAVY | BCNR | CY2006 | 06667-06
Original file (06667-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                    BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SRB
 Docket No. 6667-06
 4 Oct 06




This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 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 HQMC memorandum 1560 MRRV of 31 August 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
3280 RUSSELL ROAD
HEADQUARTERS UNITED STATES MARINE CORPS
         QUANTICO, VIRGINIA 221 34-5103   



         IN REPLY REFER TO:
                  1560
          MRRV
          AUG 31 2006


MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:    BCNR APPLICATION IN THE CASE XXX ~- XX -~








he declined the Montgomery @1 Bill (MGIB) because he was inadequately informed as to the potential of what the MGIB provided. He further cites an extremely stressful and confusing period of time leading up to his decision to decline this benefit.
The UD Form 2366 which signed, states that lie understands that he is eligible for the MGIB and will be automatically enrolled, but if he elects to disenroll, the option to enroll WILL NOT be available at a later date. decision to decline participation in the MGIB is, by federal law, irrevocable.
Based on the evidence presented, Headquarters recommends no change be made to record.
My point of contact concerning this matter is Ms. at (703) 784-9550 or DSN 278-9550.


By direction

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