MEH
Docket No. 8183-07
10 Dec 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 10 December 2007. Your allegations of error and injustice were reviewed the 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 30 Oct 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 ~~_l will be ~            L ~

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 PFEIFFER
Executive Director

Enclosure

 
											1560 MRRV
											OCT 3 0 2007

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	BCNR APPLICATION IN THE CASE OF 

is requesting the opportunity to participate in the MGIB Program. He states that when he joined the Marine Corps he was misinformed about his eligibility for the Montgomery GI Bill (MGIB) Program during the MGIB brief at The Basic School. He states that he was told that the MGIB benefits were only for undergraduate programs and that “ROTC Academy types” did not need to sign up. While preparing for separation from the Marine Corps, he learned that as a three year ROTC Scholarship graduate student, he was eligible to participate in the MGIB Program because one year of his tuition was not paid with ROTC benefits.

If an individual received a commission as a result of graduating from a service academy or completing a ROTC Scholarship Program after 31 December 1976, and before 30 September 1996, he is not eligible for the MGILB received his commission in June 1993.

Based on the information reviewed, Headquarters, U.S. Marine Corps (MRRV) recommends  not be given the opportunity to participate in the MGIB Program.

Our point of contact is Mr.  Education Program Specialist, MRRV, at or DSN 278-9550.

By direction