DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
MEH
Docket No. 6010-08
8 Sep 08
f
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 8
September 2008. 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 1560 MRRV of 20 Aug 08, 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. However, as noted in the advisory opinion, you are
entitled to receive a refund of the $1,800.00 you have contributed.
You should contact Headquarters Marine Corps (MRRV) at 703 784-9550 to
initiate the refund process. 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.
Sincerel
——— \hdent
W. DEAN PFEYRPAR
Executive Dil or
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103 IN REPLY REFER TO:
1560
MRRV
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: BCNR APPLICAION IN THE CASE OF
"ge oC eguests to use Montgomery GI Bill (MGIB)
benefits. He states that after receiving an Honorable Discharge from the
U.S. Air Force, he called the Department of Veterans Affairs and they
erroneously informed him that he could withdraw the monies in his Veterans
Education Assistance Program (VEAP) account, and participate in the MGIB
program when he entered the U.S. Marine Corps. When he entered the U.S.
Marine Corps in 1988, qqQegeuagpaiieiigews was not informed of his
ineligibility for MGIB. He subsequently enrolled in the program and paid
$1200. He also paid $600 for the MGIB Buy Up/Additional Contribution.
Cn «5s: entered active duty with the U.S. Air Force
on 22 October 1982, which made him eligible to participate in VEAP. VEAP
era Service members were allowed to convert and contribute to the MGIB
program during two conversion periods in 1996 and 2001, if they opened and
made contributions to their account between 1 January 1977 and 1 April
198). Tiilici-_~memuguemupypllin cecord indicates he was eligible to.convert
from VEAP to the MGIB during the second conversion period, 1 November 2000
to 31 October 2001. y i MIA cid not convert to MGIB during
this time frame. MARADMIN 111/01 + was released, and advertisements were
placed in the Navy Times, Stars & Stripes, local installation papers, and
military websites to inform Service members of both conversion
opportunities. Prospective participants were also notified of the new
legislation on their Leave and Earning Statements.
Based on the information reviewed, Headquarters Marine Corps (MRRV)
does not recommend ee be given the opportunity to
enroll]. Se is entitled to receive a refund of the
$1800.00 he contributed. If the board concurs, pees should
contact MRRV to initiate the refund process.
Our point of contact is Mr. Daryl R. Patrick, Education Program
Specialist, MRRV at (703) 784-9550 or DSN 278-9550.
DUNN
By direction
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