Dear   
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code (U.S.C.).  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 30 March 2021.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record and applicable statutes, regulations and policies.  In addition, the Board considered the advisory opinion contained in Navy Personnel Command memorandum 1780 PERS-311 of 1 April 2020 and your response to the opinion.   
 
You requested to establish eligibility to Montgomery GI Bill (MGIB) educaiton benefits.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that the decision to disenroll from the MGIB program is irrevocable in accorandance with Chapter 30 of Title 38, United States Code.  Additionally, the Board deliberated over Command Master Chief (CMDCM)  statement of 5 November 2020, regarding the MGIB briefing procedures while serving as the Chief Navy Counselor for Officer Training Command .  Specifically, CMDCM  statement indicated, “At no point was there ever information available about the use of either GI Bill for medical residency training.  More thorough and robust training was facilitated in person and opportunities for questions were provided.  It was very specifically acknowledged that students had the option of either benefit, but that electing the Montgomery GI Bill allowed for the flexibility to later switch if desired.”  
 
A review of your record reflects that you signed DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB) Basic Enrollment on 14 April 2016 declining to participate in MGIB with an  understanding that you would not be able to enroll at a late date; Certifying Official signed the form on 20 April 2016.  Moreover, the Board determined, not all the program details for either educational benefit were provided in the overview.  However, the opportunity to seek additional information tailored to individual’s situations was provided.  Furthermore, regarding your assertions of miscounseling, there was no specific cited scenario were the staff provided incorrect information.  In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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 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, 
5/4/2021
Deputy Director