DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JLP: ddj
Docket No: 438-01
10 January 2002
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 w/attachments
(2) NPC memorandum 1780 Pers 604
(3) Subject ’s naval record
of 3 April 2001
Pursuant to the provisions of reference (a),
1.
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected to show that he was converted from the Vietnam Era GI Bill (VEGIB) Program to
the MGIB Program on 1 January 1990..
Subject hereinafter referred to as Petitioner,
2. The Board, consisting of Mr. Milner, Ms. McCormick, and Ms. Gilbert, reviewed
Petitioner’s allegations of error and injustice on 8 January 2002 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
of error and injustice, finds as follows:
’s allegations
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
following corrective action.
(2), the Board finds the existence of an injustice warranting the
Docket No: 438-01
RECOMMENDATION:
That Petitioner’s naval record be corrected, where appropriate, to show that he was
automatically converted from the VEGIB Program to the MGIB Program (he met all the
requirements and the conversion is at no cost to the member, and further corrected to show
$1,200.00 he paid into the Veterans Educational Assistance Program (VEAP) with
that the
the intention to convert to the MGIB Program be refunded to him. His MGIB Eligibility
exists, free of charge,
from 1 January 1990 by virture of his conversion to the MGIB
Program from the VEGIB Program ( Title 38, United States Code, Chapter 30).
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
GLw---
G. L. ADAMS
Acting Recorder
Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
5.
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.
10 January 2002
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