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NAVY | BCNR | CY2001 | 01465-01
Original file (01465-01.doc) Auto-classification: Approved

                           DEPARTMENT OF THE NAVY
                       BOARD FOR CORRECTION OF NAVAL RECORDS
                              2 NAVY ANNEX
                          WASHINGTON DC 20370-5100

                                                         JLP:ddj
                                                         Docket No: 1465-01
                                                         8 May 2001



From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy


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

   End:             (1) DD Form 149 w/attachments
          (2)     CMC memorandum 1040 MRV of 2 April 2001
          (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. Beckett, Bartlett, and Mimer,
   reviewed Petitioner’s allegations of error and injustice on 8 May 2001
   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.

      t~. 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: 1465-01

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show
that his MGIB Election Form (DD Form 2366) dated on or about 10 September
1992 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      G. L. ADAMS
Recorder    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.


          8 May 2001                              W. DEAN PFEIFFER
                                                               Executive
                                  Director

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