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NAVY | BCNR | CY1998 | 08631-98
Original file (08631-98.pdf) Auto-classification: Approved
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 NAVY ANNEX 

WASHINGTON DC  20370-51 00 

JLP: tj 
Docket No:  863 1-98 
22 June  1999 

From: 
To: 

Chairman,  Board  for Correction of  Naval  Records 
Secretary of  the  Navy 

Subj : 

Ref: 

(a)  Title  10 U.S.C.  1552 

Encl : 

(1)  DD  Form  149 wlattachments 
(2)  BUPERS  Me~norandum 1780 Ser 60410320 of  9 April  1999 
(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.  Zsalman,  Cali, and  Ms.  Madison, reviewed 
Petitioner's  allegations of  crror and  injustice on  08 June  1999 and,  pursuant to  its 
regulations,  determined that  the corrective action  indicated below  should be taken  on  the 
available evidence of  record.  Docunientary  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, tinds as  follows: 

a.  Before applying to  this Board,  Petitioner exhausted all administrative remedies 

available under existing law and  regulations within the Department of  the  NLi\-y. 

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:  863 1-98 

RECOMMENDATION: 

That  Petitioner's  naval  record  be corrected,  where appropriate,  to  show that  his  MGIB 
Election Form  (DD Form  2366) dated 6 October  1989 reflects  that  he elected  to participate 
in  the MGIB Program. 

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 

Acting Recorder 

5.  Pursuant to the delegation of  authori 
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. 

ty  set out in  Section 6(e) of  the  revised  Procedures 

22 June  1999 

Executive Direc 



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