Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 01732-07
Original file (01732-07.rtf) Auto-classification: Denied

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. a ccepted 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 dis enroll, “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

Similar Decisions

  • NAVY | BCNR | CY2006 | 00510-06

    Original file (00510-06.rtf) Auto-classification: Denied

    510-06 10 May 06This 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 9 May 2006. 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...

  • NAVY | BCNR | CY2006 | 10045-06

    Original file (10045-06.rtf) Auto-classification: Denied

    10045-06 7 February 2007This 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 6 February 2007. 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...

  • NAVY | BCNR | CY2006 | 06667-06

    Original file (06667-06.rtf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2007 | 07981-07

    Original file (07981-07.rtf) Auto-classification: Approved

    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 enrollment in the Montgomery GI Bill (MGIB) program.2. The Board, consisting of Messrs. J. Hicks, Lippolis, and Shy, reviewed Petitioner’s allegations of error and injustice on 30 October 2007 and, pursuant to its regulations, determined that the corrective action indicated below should be...

  • NAVY | BCNR | CY2007 | 04682-07

    Original file (04682-07.rtf) Auto-classification: Approved

    1552End: (1) DD Form 149 w/attachments(2) CMC memo 1560 MRRV of 13 Aug 07 (3) Subject’s naval record1. 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 enrollment in the Montgomery GI Bill (MGIB) program.2. The Board, consisting of Mr. Dawson, Ms. Countryman, and Ms. McCormick, reviewed Petitioner’s allegations of error and injustice on...

  • NAVY | BCNR | CY2007 | 05564-07

    Original file (05564-07.rtf) Auto-classification: Approved

    1552End: (1) DD Form 149 w/attachments(2) CMC memo 1560 MRRV of 13 Aug 07 (3) Subject’s naval record1. 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 enrollment in the Montgomery GI Bill (MGIB) program.2. On 24 February 1999 he executed a DD Form 2366 electing enrollment in the MGIB program.

  • NAVY | BCNR | CY2007 | 06128-07

    Original file (06128-07.rtf) Auto-classification: Approved

    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 enrollment in the Montgomery GI Bill (MGIB) program.2. The Board, consisting of Mr. Koman, Mr. Washington, and Ms. McCormick, reviewed Petitioner’s allegations of error and injustice on 20 November 2007 and, pursuant to its regulations, determined that the corrective action indicated below...

  • NAVY | BCNR | CY2006 | 09433-06

    Original file (09433-06.rtf) Auto-classification: Denied

    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 CD4C memo 1560 MRRV of 5 Feb 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...

  • NAVY | BCNR | CY2007 | 02232-07

    Original file (02232-07.rtf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2007 | 07804-07

    Original file (07804-07.rtf) Auto-classification: Approved

    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 enrollment in the Montgomery GI Bill (MGIB) program.2. The Board, consisting of Messrs. Pfeiffer, Ruskin, and Zsalman, reviewed Petitioner’s allegations of error and injustice on 10 December 2007 and, pursuant to its regulations, determined that the corrective action indicated below should...