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NAVY | BCNR | CY2002 | 09509-02
Original file (09509-02.pdf) Auto-classification: Approved
DEPARTMENT OF THE  NAVY 

BOARD  FOR  CORRECTION  O F  NAVAL  RECORDS 

2  NAVY  ANNEX 

W A S H I N G T O N  DC  20370-5100 

JLP:ddj 
Docket No:  9509-02 
24 April 2003 

From:  Chairman, Board  f ~ r  Correction of  Naval  Records 
To: 

Secretary of  the Navy 

Ref: 

(a)  Title 10 U.S.C.  1552 

Encl: 

(1)  DD Form  149 wlattachments 
(2)  CMC  memorandum  1040 MRV  of  27 March  2003 
(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, Leeman, and  Ms.  McCormick, reviewed 
Petitioner's allegations of  error and  injustice on  18 April 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. 

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

subject matter addressed  in  Petitioner's  application has commented  to the effect that the 
request has  merit and  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  injustice warranting the 
following corrective action. 

Docket No:  9509-02 

RECOMMENDATION: 

That Petitioner's naval  record be corrected, where appropriate, to  show that on  the date he 
took his Oath of  Office 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 
Recorder 

T- 

. 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 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. 

24 April  2003 



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