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NAVY | BCNR | CY2002 | 02189-02
Original file (02189-02.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   NAVAL  R E C O R D S  

2   NAVY  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  

JLP: yri 
~ o c k e ;  No:  2 189-02 
19 June  2002 

From:  Chairn~an, 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/attacli~nents 
(2)  NPC  memo  1780 PERS-604 of  17  May  2002 
(3)  Subject's naval  record 

I.  Pursirant to  the  provisions  of  reference  (a), Su1,ject  hereinafter  referred  to  as  Petitioner, 
tiled  enclosure ( 1 )   with  this  Board  requesting,  in  effect,  that  tlie  applicable  naval  record  be 
corrected  to  show that  he  elected  to  participate  in  tlie  h4GIB  Program  when  tirst  eligible. 

2.  The  Board,  consisting of  Messrs.  McPartlin.  Milner, and  Ms.  Hare,  reviewed 
Petitioner's allegatioris of  error  and  injustice on  18 June 2002  antl, pi~rsuant to  its  regulations, 
determined  that  the corrective action  indicated  below  shoultl be  taken  on  tlie  available 
evidence  of  record.  Doculnentary  material  considered  by  the  Board  consisted of  the 
enclosi~res, 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,  tintls as  follows: 

a.  Before applying  to  this  Board,  Petitiotier exhausted  all  ad ~iiinistrative remedies 

available  imtler  existing  law  and  regulations  within  the  Departlnent  of  tlie  Navy. 

b. 

In  correspondence attached as enclosure  (2), the office  having  cognizance over  the 

subject  ~iiatter addressed  in  Petitioner's application  has  comniented  to  the effect  that  the 
request  has  merit  antl  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  ilijustice warranting  the 
following  corrective action. 

Docket  No:  2 189-02 

RECOMMENDATION: 

That  Petitioner's naval  record  be  corrtxtetl, where  appropriate,  to  sllow  that  his  MGIB 
Election  Form  (DD For111 2366) dated  on  or a b h t  24  Augi~st 1991 reflects  that  he  elected  to 
participate  in  the  MGIB  I'rogra~n. 

a.  That  a copy  of  this  Report  of  I'rocecdings  be  filctl  in  I'ctitioner's  naval  record 

I'ursuant  to  Section  6(c) of the  revised  Procedures  of  the  Board  for  Correction  of Naval 
4. 
Records  (72 Code of  Federal  Regulations, Section  723.6(c)) i t   is certified  that  quorum  was 
present  at  the  Board's  review  and  tleliberations, antl  that  the  foregoing  is a  t r w  and  complete 
record  of  the  Board's proceedings  in  the  above entitled  matter. 

ROBERT  D. ZSALMAN 
Recorder 

ti. L.  ADAMS 
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  Kegulations,  Section 
723.6(e)) antl  having  asst~red co~npliance with  its provision\,  i t   is  Ilereby  announced  that  the 
foregoing  corrective action,  taken  untlcr  the  authority  of  reference  (a), has  been  approved  by 
the  Board  on  behalf  of  the  Secretary  of  the  Navy. 

19 June 2002 



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