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NAVY | BCNR | CY2002 | 02923-02
Original file (02923-02.doc) Auto-classification: Approved

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                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS

                                2 NAVY ANNEX
      WASHINGTON DC 20370-5100    JLP:ddj
            Docket No: 2923-02
            29 January 2003


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

End:  (1) DD Form 149 w/attachments
       (2)  Series of Documents
       (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. Mimer, Pauling, and McPartlin,
reviewed Petitioner’s allegations of error and injustice on 28 January 2003
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.



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: 2923-02

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show
that his MGIB Election Form (DD Form 2366) dated on or about 17 September
1999 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      GLADAMS
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.


          29 January 2003
-J

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