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

Docket No. 7185-20 
Ref:  Signature Dae

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO  USN,  
  
Ref:    (a) Title 10 U.S.C. § 1552 
	(b) DD Form 2366 
	(c) BUPERSINT 1780.1A 
	(d) OPNAVINST 1780.4   
  
Encl:   (1) DD Form 149 w/attachments 
        (2) NPC memo 1780 PERS-311 of 23 Dec 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 reflect disenrollment from the Montgomery GI Bill (MGIB) program in order to enroll in Post-9/11 GI Bill.   
                                              
2.  The Board, consisting of ,  ,   and  , reviewed Petitioner’s allegations of error and injustice on 8 July 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.  In accordance with references (b) and (c), members are automatically enrolled in MGIB unless they elect to disenroll.  Additionally members enrolled in MGIB will have a $100 per month, until $1,200 has been deducted from basic pay. 
 
b.  Reference (d), directs Sailors to the Veteran Affairs website that indicates members and veterans entitled to the Post-9/11 GI Bill may apply for benefits or determination of entitlement by submitting VA 22-1990, Application for Veteran Affairs Education Benefits online.   
 
c.  Petitioner’s Active Duty Service Date is 21 July 2020. 
 
d.  On 12 August 2020, Petitioner signed DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB) - Basic Enrollment declining to participate in MGIB; however, the document was not signed by the Certifying Official.  Note:  Form reflects “due to COVID-19 isolation requirements at RTC, unable to disenroll within required 14-days”. 
 
e.  On 6 July 2021, Navy Standard Integrated Personnel System reflects Petitioner is enrolled in MGIB. 
 
f.  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 completed the process to not participate in MGIB; however, because his election was not certified, he was enrolled in the program.  Therefore, the Board felt, under these circumstances, relief is warranted.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner’s DD Form 2366, Montgomery GI Bill Act of 1984 (MGIB) - Basic Enrollment was signed by Certifying Official on 12 August 2020.   
 
This update certifies Petitioner’s statement of disenrollment from participating in MGIB on  
12 August 2020 and establishes entitlement to reimbursement of basic pay deducted for payment into the program.  Note:  Defense Finance and Accounting Service will complete an audit of Petitioner’s pay records to determine amount of reimbursement.   
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that a 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 
 

8/13/2021
Deputy Director