DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 6989-08
6 Oct 08
Dear = aaMgeiainbemegpemanpte
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 6 October
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 CMC memo 1560 MRRV of 26 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. 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
W. DEAN Sekt
Executive Di ter
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103 nna REFER TO:
MRRV
AUG 26 2008
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: BCNR APPLICATION IN THE CASE OF
wii. vequests that the U.S. Marine Corps correct
the error that reflects he received a Notice of Basic Eligibility
(NOBE) for educational benefits. He states that he did not reenlist
in the Marine Corps Reserve for © years in 1990 and he was not issued
= NOBE. Additionally, he states that his eligibility for the
Montgomery GI Bill-Selected Reserve (MGIB-SR) kicker was denied based
on a report from the U.S. Marine Corps, verifying his ineligibility on
16 March 1990.
The NOBE is used to establish entitlement by eligible members of
the Selected Reserve for MGIB-SR benefits. A Service member must
enlist or reenlist for 6 years in order to qualify for MGIB-SR
benefits and be issued a NOBE. Research of na ;
Official Military Personnel File revealed a signed NOBE form (DD Form
2384) dated 2 August 1990 vice 16 March 1990, and a signed
Enlistment/Reenlistment Document (DD Form 4/1) dated 2 August 1990
reflecting a 6 year reenlistment into the Marine Corps Reserve.
Service members have 10 years from the date of eligibility to
utilize MGIB-SR benefits. Since @?2——~~pepeeniiiiiies signed the NOBE
on 2 August 1990, his MGIB-SR benefits expired on 2 August 2000. To
qualify for a MGIB-SR kicker a Service member must have eligibility
for the MGIB-SR. Becausc .in_Mgguuuugpym@iiiipine MGIB-SR benefits
expired on 2 August 2000, he was not eligible for the kicker when he
reenlisted for 6 years into the Air Force Reserve in 2007. Although
ng ccnlisted for another 6 years in the Air Force
Reserve, Service members only have one opportunity in their military
career to establish eligibility for MGIB-SR benefits.
Based on the information reviewed, Headquarters, U.S. Marine Corps
(MRRV) recommends that no change be made to
record.
Our point of contact is Mr. Daryl R. Patrick, Education Program
Specialist, MRRV at (703) 784-9550 or DSN 278-9550.
K. D. DUNN
By direction
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