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NAVY | BCNR | CY2002 | 02116-02
Original file (02116-02.pdf) Auto-classification: Approved
DEPARTMENT OF THE  NAVY 

B O A R D  F O R   C O R R E C T I O N   O F   N A V A L  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 LI':  yr.1 
Docket  No:  2 1 16-02 
19 June  2002 

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

Secretary of  the  Navy 

REVIEW  OF NAVAL  RECORD 

- 

Ref: 

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

Encl: 

( 1 )   DD  Form  149 w/attach~iients 
(2)  NPC  memo  1780 PERS-604 of  23  May  2002 
(3)  Subject's naval  record 

1.  Pursuant  to  the provisions  of  reference  (a), Subject  Ilereinafter  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 Progra~n when  first  eligible. 

2.  The  Board,  consisting of  Messrs.  McPartlin,  Milner, antl  Ms.  Hare,  reviewed 
Petitioner's allegations of  error  and  injustice  o n   18 June 2002  antl, 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,  antl  applicable statutes,  regul at ions antl  policies. 

3.  The Board,  having  reviewed  all  the  facts of  record  pertaining  to  I'eti  tioner's allegations 
of  error and  injustice,  finds as follows: 

a.  Before applying  to  this  Board,  Petitioner exhausted  all  administrative  re~netlies 

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  co~n~nented 
request  has  merit  and  warrants  favorable action. 

to  the effect  that  the 

CONCLUSION 

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

Docket  No':  2 1 16-02 

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 February  1995 rretlects  that  he  elected 
to  participate  in  the  MGIB  Program. 

a.  That  a copy  of this  Report  of I'rocecclings  be  t'iltxl  in  I'ctitioner's  naval  record. 

4.  Pursuant  to  Section  6(c) of  the  revised  i'rocetlures  of  the  Boartl  for  Correction  of  Naval 
Records  (32 Code of  Federal  Regulations.  Section  723.6(c)) i t   is certi tied  that  clilorilln  was 
present  at  the  Board's review  and  tielibel-ations, antl  that  the  foregoing  is a  true  antl  colnplete 
record  of  the  Board's  proceedings  in  the  ahove entitled  matter. 

ROBERT  D.  ZSALMAN 
Recorder 

6 .  L.  AIIAMS 
Acting  Recorder 

5 .   Pursuant  to  the  delegation  of  ai~thnrity set  0111  in  Scction  6(e) of tlie  revised  Procedi~res of 
the  Board  for  Correction  of  Naval  R e c c ~ ~ l s  
723.6(e)) and  having  assured  ctmiplialice with  its  pr.o\~isions, i t   is  Ilereby  announced  that  tlie 
01'  reierence  (a), has  been  approved  by 
foregoing  corrective action,  taken  under  the  ;\~~tliority 
the  Board  o n  behalf  of  the  Secretary  of  the  Navy. 

(32 C'otle  01'  Fctleral  Regulations,  Section 

19 June  2002 



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