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NAVY | BCNR | CY2002 | 04270-02
Original file (04270-02.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   OF  NAVAL  R E C O R D S  

2   N A V Y   ANNEX 

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

J LP: yrj 
I)ocket  No:  1270-02 
19 June  2002 

From:  Cliairllian,  Boartl  for  Correction  of  Naval  Records 
To: 

Secretary  of  tlie  Navy 

S 11 bj : 

REVIEW  OF NAVAL  RECORD 

Ref: 

(a)  Title  10 1J.S.C.  1552 

Encl: 

( 1 )   DD  Forln  149 w/attach~nents 
(2)  series of  docu~iients 
(3)  Subject's naval  record 

1.  Pursuant  to  the provisions  of  reference  (a), Sul?ject  Ilereinal'ter  referred  to as Petitioner, 
filed enclosure ( 1 )   with  this  Board  requesting,  in  effect, tliat  the applicable naval  record  be 
corrected  to  show  tliat  lie elt.ctt.tl to  participate  in  tlie  R1G113  I'rogra~n when  tint  eligible. . 

2.  The  Board,  consisting  of  Rlcssrs.  Mcl'artlin,  Milner, and  hls.  Hare,  reviewed 
Petitioner's allegations of  error  and  injustice on  I8 Junc  2002  antl,  purstlant  to  its  regulations, 
determined  that  the corrective action  indicated  l1t310w  ~110111d be  taken  on  the available 
evidence of  record.  Docunientary  material  consitlered  by  tlie  13oard  consisted  of  tlie 
enclosures,  naval  records,  antl  applicable  statutes,  reguliitions and  policies. 

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

a.  Before applying  to  this  Boartl,  Petitioner  exhausted  all  adnlinistrative  remedies 

available  under  existing  law  and  regulations w i t h i n   the  Depnrtme~~t of  the  Navy. 

b.  Similar  cases  of  this  nature  have been  presented  to a  Boartl,  approved,  and  tlie 

Assistant  Secretary  of  tlie  Navy  has  approved  the action  of  the  13oartl.  The present  Board 
after  having  been  apprised  of  this  fact  and  after  reviewing  tlie  co~,respondence attached  as 
enclosure (2), tlie Board  conclutlecl  that  the  request  has  merit  antl  warrents  favorable acton. 

CONCLUSION 

Upon  review  and  consideration  of  all  tlie  evidence of  record,  and  especially  in  light  of the 
contents of  enclosure  (2), the  Board  finds  the  existence 01'  an  in,] (1st ice  warranting  the 
following corrective action. 

Docket  No:  4270-02 

RECOMMENDATION: 

That  Petitioner's  naval  record  be  corrected,  where  appropriate,  to  show  that  on  14 June 
1995, in  conjunction  with  his acceptance  of  oath  of  office  he  executed  a  MGlH  Election 
For111 (DD Form  2366) and  that  this election  forill  reflects  that  lie elected  to  participate  in  the 
MGIB  Program. 

a.  That  a copy  of  this  Report  of  Proceedings be  tiled  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)) i t   is certified  that  quorum  was 
present  at  the  Board's  review  and  deliberations, antl  that  the  foregoing  is a  true  and  complete 
record  of  the  Board's  proceedings  in  the  above entitled  liiatter. 

ROBERT  D.  ZSALMAN 
Recorder 

be- 

G.  L.  ADAMS 
Acting  Recorder 

5 .   Pursuant  to  the tlelegation  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)) antl  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  belialf  of  the  Secretary  of  the  Navy. 

19 June 2002 

b%%$#+ 
W.  DEAN  PF  I  & 
Executive ~ i r e c t o r \  \\ 



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