DEPARTMENT OFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

MEH
Docket No. 9433-06
17 Apr 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 17 April 07. 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 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 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
QUANTICO, VIRGINIA 22 1 34-51 03

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:

 he was never properly counseled and afforded the opportunity to convert his Veterans Education Assistance Program (VEAP) benefits to the Montgomery GI Bill (MGIB) program. He is requesting the opportunity to enroll into the MGIB program.

record indicates he was eligible to convert from VEAP to the MGIB program during the second open enrollment period 1 November 2000 to 31 October 2001. In an effort to inform those eligible, different notification processes were utilized by the Marine Corps. MARADMIN 111/01 was released, and advertising was placed in the Marine Corps Times, Navy Times, Stars & Stripes, local installation papers, and military websites. Prospective participants were also notified of the new legislation on their Leave and Earning Statements (LES).

offers no reason as to why he did not have access to information on the conversion from VEAP to the MGIB, and the evidence does not support his position. Therefore, the Lifelong Learning section (MRRV) of the Personal and Family Readiness Division, Headquarters, Marine Corps does not recommend that he be given the opportunity to convert to the MGIB.

a. ~ contact concerning this matter is