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NAVY | BCNR | CY2001 | 08003-01
Original file (08003-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE  N A V Y  

B O A R D   F O R   C O R R E C T I O N   O F   NAVAL  R E C O R D S  

2   N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

J LP: yrj 
Docket  No:  8003-01 
19 June  2002 

From:  Chairman, Board  for  Correction  of' Naval  Records 
To: 

Secretary  of  the  Navy 

REVIEW  OF  NAVAL  RECORD 

Ref: 

(a)  Title  10 [J.S.C.  1552 

Encl: 

( 1 )   DD  For111 149 w/attacli~i~e~~ts 
(2)  series of  docu~nents 
(3)  Sul?iect's naval  rccortl 

1.  Pursuant  to  the  provision.\ of  reikrence  (a), Subject  hereinat't~~r refert-etl to  as  Petitioner, 
filed enclosure  ( 1 )  with  this  Boartl  reqilesting,  in  effect,  that  the applicable  naval  record  be 
corrected  to  show  that  lie  elected  to  participate  in  the  MGIB  Program  when  first  eligible. 

2.  The Board,  consisting  of  Messrs.  McPartlin,  Milner,  and  hls.  Hare,  reviewed 
Petitioner's allegations of  error  and  injustice  o n   18 June  2002  antl,  ptrrsuant  to  its  regulations, 
deterlnined  that  the corrective action  indicated  below  shoultl  be  taken  on  the  available 
evidence of  record.  Documentary  material  consi(leret1 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  I'etitioner's  allegations 
of  error and  injustice,  finds as  follows: 

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

available  under  existing  law  and  regulations within  the  Depart~nent of  the  Nnvy. 

b.  Similar  cases of  this  nature  have been  presented  toa  Board,  approved, and  the 

Assistant  Secretary of  the  Navy  has  apl>rovetl the  action  of  the  Boartl.  The present  Board 
after  having  been  apprised  of  this  fact  and  reviewing  thc correspondence  attached  as enclosure 
(2), the  Boartl  conclutled  that  the  request  has  merit  and  warrents  favorable actton. 

CONCLUSION 

Upon  review  and  consideration  of  all  the evidence of  record,  antl especially  in  light  of  the 
contents of  enclosure (2), the  Board  finds the existence  of  an  i11.justice warranting  the 
following  corrective action. 

Docket  No:  8003-01 

RECOMMENDATION: 

That  Petitioner's  naval  record  be  corrected, wliete  appropriate,  to  show  that  his  MCilB 
Election  Form  (DD Forlii  2366)  dated  on  or about  15 June  1998 rztlects  that  lie  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  I'rocetlures  of  the  Board  for  Correction  of  Naval 
Records  (32 Code of  Federal  Regulations,  Section  727.6(c)) it  is  certi t'ietl  that  quorum  was 
present  at  the  Board's review  and  deliberations, and  that  the  foregoing  is  a  trite anti  complete 
record  of  the  Board's proceedings  in  the above entitled  matter. 

ROBERT  D.  ZSALMAN 
Recorder 

%%Q- 
G .  L.  ADAMS 
Acting  Recorder 

5 .   Pursirant  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  co~iipliance with  its  provisions,  it  is  Ilereby  announced  that  the 
foregoing  corrective action,  taken  under  the airtliority of  ret'crence  (a), has  heen  apl~rovetl by 
the  Board  on  behalf  of  the  Secretary  of  the  Navy. 

19 June 2002 

Executive  Direc 



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