D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAWANNW
WASHINGTON DC 20370-5100
JLP:ddj
Docket No: 5938-98
23 March 1999
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 wlattachments
(2) Series of Documents
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to show that he elected to participate in the MGIB Program when first eligible.
2. The Board, consisting of Messrs. Dunn, Mathews, and Ms. Madison, reviewed
Petitioner's allegations of error and injustice on 9 February 1999 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, naval records, 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, finds as follows:
a. Before applying to this Board, Petitioner exhausted all administrative remedies
available under existing law and regulations within the Department of the Navy.
b.
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.
Docket No: 5938-98
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, to show that his MGIB
Election Form (DD Form 2366) dated 16 May 1995 reflects that he elected to participate in
the MGIB Program. All other MGIB Election Forms in Petitioner's record are to be made
viod and removed.
a. That a copy,,of this Report of Proceedings be filed in Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that 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.
ROBERT D. ZSALMAN
Recorder
V Acting Recorder
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 reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.
23 March 1999
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