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

DJC
Docket No. 10045-06
7 February 2007

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 February 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 HQMC memo 15.60 D4RRV dated 21 Dec 06, 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 important to keep in mind that a presumption of regularity attaches to all official records. Consequently when applying f or 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 PFEIFFER
Executive Director

Enclosure

				DEPARTMENT OF THE NAVY
                          	        HEADQUARTERS UNITED STATES MARINE CORPS 
					3280 RUSSELL ROAD
                                                      QUANTICO, VIRGINIA 22134-5103

									IN REPLY REFER TO:
										1560
										MRRV
										DEC 21 2006

MEMORANDUN FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	BCNR APPLICATION IN THE CASE 

    states he declined entry into the Montgomery GI Bill (MGIB) Program because he believes it was not fully explained to him. He is requesting the opportunity to enroll in the program.

Under Chapter 30, Title 38, U.S. Code, eligible Marines are automatically enrolled in the MGIB upon their initial entry on active duty ~ their option to dis-enroll. The DD Form 2366gUUqpUpI signed, 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 does not recommend uiv	another opportunity to participate in the MGIB Program.  My point of 

By direction