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NAVY | BCNR | CY2002 | 07671-02
Original file (07671-02.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                  WASHINGTON DC 20370-5100        
                          
JLP:ddj
                           Docket No: 7671-02
                           20 February 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)      NPC memorandum 1780 Pers 604 of 15 October 2002
(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 eligibility for the MGIB Program..

2.       The Board, consisting of Messrs. Pfeiffer, Grover, and Frankfurt, reviewed Petitioner’s allegations of error and injustice on 19 February 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 al)pl icahle 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: 7671-02

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that he was discharged and reenlisted on 29/30 January 1989 vice on 30 November/i December 1988, which will give him 30 months of honorable continuous active service, to qualify for the MGIB Program. Pertitoner’s subsequent discharge in February 1994 remaines unchanged.

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        G.L. ADAMS
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.


20 February 2003


                          


                                                      W. DEAN PFEIFFER
                                                      Executive Director

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