Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  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 was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 2020.  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.   
 
On 25 May 1989, entered active duty.  On 20 June 1992, you married, and got divorced on 2 October 1997.  In your July 1998 Leave and Earnings Statement (LES) shows you paid $1,200 towards MGIB.  On 26 November 1998, you were honorably discharged upon expiration of your current contract.  On 15 May 1999, you married.  On 13 March 2001, your daughter was born.  On 13 January 2007, you separated from your spouse.  On 15 February 2013, you divorced. 
 
You requested reinstatement of your Montgomery GI Bill (MGIB) eligibility for a period of 6 years but not less than 683 days.  Your further requested that if and when you entitlement is reinstated that your MGIB then be converted to the Post 9/11 GI Bill; the Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board considered Title 38 U.S.C. section 3031:  
      
(d)(1) In the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual's chosen program of education before the expiration of the 10-year period for the use of entitlement under this chapter otherwise applicable under this section because of a physical or mental disability which is not the result of the individual's own willful misconduct, such 10-year period— (A) shall not run during the period the individual is so prevented from pursuing such program; and (B) shall again begin running on the first day after the individual's recovery from such disability on which it is reasonably feasible, as determined under regulations prescribed by the Secretary, for the individual to initiate or resume pursuit of a program of education with educational assistance under this chapter. 
 
However, the Board concluded that you provided no evidence that you suffered from a physical or mental disability during the 10-year period following your discharge, and that even though your separation and eventual divorce was a long, painful, and emotionally draining experience, the Board also noted that you did not separate until 8 years into your 10 year period. Furthermore, if the Board were to grant you the whole 6 years you requested, the eligibility period would have started on the date of your divorce, and would have terminated on 15 February 2019, still making you ineligible to use the entitlement.   
 
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 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.