Docket No. 7998-19
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 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, sitting in executive session, considered your application on 23 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.  In addition, the Board considered the advisory opinion contained in Headquarters Marine Corps memorandum 7220 MPO of 31 October 2019. 
 
You requested to correct your record to reflect 12-months of Post-9/11 GI Bill (PGBI) education benefits.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  The Board concluded that pursuant to Directive-Type Memorandum (DTM) 09-003, the Department of Veteran Affairs (DVA) is responsible for determining eligibility for education benefits under the Post-9/11 GI Bill and are the cognizant authority on the number of months a member has used or has remaining.  DTM 09-003 specified that service members who elect to make an irrevocable change from one education benefit to another would be limited to the number of months remaining under the initial program.  On 19 March 2013, you acknowledged if electing PGIB in lieu of Montgomery GI Bill (MGIB), your number of months or entitlement under PGIB would be limited to the number of months of entitlement remaining under MGIB on the effective date of your election.  However, if you completely exhausted your entitlement remaining under MGIB before the effective date of your PGIB election, you may receive 12 additional months entitlement under PGIB.  A review of your record indicates you had not exhausted your MGIB entitlement at the time of PGIB election, thereby not meeting the requirement for the DVA to give you 12 additional months of PGIB education benefits.
   
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,