DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 158-20 
Ref:  Signature Date 

From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO FORMER MEMBER    XXX XX USMC 

Ref:  (a) Title 10 U.S.C. §1552 (b) MCO 1130.53R 

Encl: (1) DD Form 149 w/attachments 
      (2) MCRC memo 1070 G-1 of 11 Jun 20 
      (3) Subject’s naval record 

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish entitlement to the Marine Corps College Fund (MCCF) Kicker. 

2. The Board, consisting of   , reviewed Petitioner’s allegations of error and injustice on 12 January 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 

3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 

a. On 31 October 2007, Petitioner enlisted in the United States Marine Corps Reserve (USMCR) for a term of 8-years; 5-years was to be completed on active duty. Petitioner also signed Annex “B” Marine Corps College Fund ($50,000) – 5 YR Team of Enlistment Addendum to Statement of Understanding for Enlistment Incentives the same day. 

b. Petitioner’s Armed Forces Active DutyBase date was 18 December 2007. 

c. On 18 December 2007, Petitioner signed DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB) Basic Enrollment. 

d. On 17 December 2012, Petitioner was released from active duty and transferred to the USMCR Individual Ready Reserve. 

e. Petitioner’s Leave and Earning Statement dated 20 December 2012 reflects $1,200 MGIB education was paid.

f. On 30 October 2015, Petitoner was discharged from USMCR.

g. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action.

CONCLUSION

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action. Petitioner met the basic eligibility criteria to receive the MCCF in accordance with reference (b). However, because of administrative oversight, the appropriate documentation was not included in Petitioner’s record impeding his ability to obtain the education benefits.

RECOMMENDATION

That Petitioner’s naval record be corrected, where appropriate, to show that:

Petitioner was eligible for the Marine Corps College Fund Kicker as outlined on Annex “B”
Marine Corps College Fund ($50,000) – 5 YR Team of Enlistment Addendum to Statement of Understanding for Enlistment Incentives dated 31 October 2007.

Note: Service shall ensure Petitioner’s Defense Manpower Data Center education record is updated to reflect MCCF Kicker eligibility.

A copy of this Report of Proceedings will be filed in Petitioner’s naval record.

4. It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.