DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 6061-10
4 Oct 10
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 4 October
2010. 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.
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
regards to enrollment in the Montgomery GI Bill (MGIB) program. The
Defense Manpower Data Center (DMDC) system indicates you declined
enrollment in the MGIB program. However, even if you had properly
enrolled, to include paying the required $1,200 contribution, there is
no action the Board can take as the delimiting date has passed.
Individuals have 10 years from the date of separation from active duty
to use MGIB entitlement. Since you were separated on 4 September
1997, your delimiting date has already passed. The MGIB program is
administered by the Veteran’s Administration (VA) and the Board has no
authority to extend the delimiting date. Accordingly, your request
for enrollment in the MGIB has been denied. The request to have your
middle name corrected on your DD Form 214 has been administratively
resolved and a DD Form 215 has been issued. 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.
Docket No. 6061-10
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,
Enclosure
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