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NAVY | BCNR | CY2003 | 02356-03
Original file (02356-03.doc) Auto-classification: Approved


   DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS



I
     2 NAVY ANNEX
WASHINGTON DC 20370-5100     JLP:ddj
                          Docket No: 2356-03
23 April 2003


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



     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.
Ref:  (a) Title 10 U.S.C. 1552
                                                      Docket No: 2356-03

RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show
that his MGIB Election Form (DD Form 2366) dated on or about 25 October
1995 reflects that he elected to participate in the MGIB Program. The MGIB
Election Form dated 17 October 1995 is to be removed from his record.

   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      ( . 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.


           23 April 2003

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