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NAVY | BCNR | CY2002 | 09186-02
Original file (09186-02.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100
                  JLP:lc
                  Docket No: 9186-02
                  20 February 2003

From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy

Subj:

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. 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 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.

b.       Similar cases of this nature have been presented to a Board, approved, and the Assistant Secretary of the Navy has approved the action of the Board. The present Board after having been apprised of this fact and after review of Petitioner’s request concluded that the request has merit and warrents 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 injustice warranting the following corrective action.



RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that on 29 June 1985, prior to the expiration of the VEAP Program, he elected to participate in the VEAP with a $25.00 contribution and further corrected to show that on 20 October 1996, during the VEAP to MGIB conversion period, he executed a MGIB Election Form (DD Form 2366) and that this election form 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        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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