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

Docket No. 520-19 
Ref: Signature Date 

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 the entire record, 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.
    
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 October 2019.  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 dministrative 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 Headquarters, U.S. Marine Corps memorandum 5041 G-7 of 10 June 2019 and your response to the opinion.
  
On 9 July 2003, you enlisted for 8 years in the U.S. Marine Corps Reserve under the Platoon Leaders Class (PLC) program.  You attended Officer Candidates School (OCS) from 30 May 2004 to 9 July 2004 and 29 May 2005 to 8 July 2005. On 4 October 2005, you signed a Financial Assistance Agreement PLC, a Tuition Assistance agreement PLC, and Tuition Assistance Initial Application Sheet, which were approved by the Commanding Officer, 4th Marine Corps District. On 15 April 2006, you turned 27. On 3 June 2006, you were commissioned as a Second Lieutenant in the U.S. Marine Corps. 

You requested that your PEBD be reset to 30 May 2004 (the day you first reported to OCS), what you would rate had you not illegally received Marine Corps Tuition Assistance Program (MCTAP); that you receive back pay calculated beginning 26 November 2006 (the day you reported to TBS), reflecting what you would have received if you had not been illegally given MCTAP; 
and that the MCTAP payment ($5,200) be ducted from the above back pay.  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 MCTAP approval and subsequent payment was not illegal. 
 
Per Title 10 U.S.C section 16401, “In the case of a member pursuing a baccalaureate degree, the member meets the age requirements of this paragraph if the member will be under 27 years of age on June 30 of the calendar year in which the member is projected to be eligible for appointment as a commissioned officer in the Marine Corps through the Marine Corps Platoon Leaders Class program, except that if the member has served on active duty, the member may, on such date, be any age under 30 years that exceeds 27 years by a number of months that is not more than the number of months that the member served on active duty.” When you were commissioned, you were 27 years, 1 month, and  days old. The Board concluded that your age at commissioning was within the guidelines because you spent 2 months and 20 days at OCS.  Furthermore, the Board concluded that per MCO 1560.33, “PLC members who enroll in the MCTAP will receive a Pay Entry Base Date (PEBD) that corresponds to the date of commissioning, with adjustments for periods of active duty for training…” In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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.  

Sincerely,