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NAVY | BCNR | CY2003 | 05074-03
Original file (05074-03.pdf) Auto-classification: Approved
DEPARTMENTOF THE  NAVY 

B O A R D F O R C O R R E C T I O N  OF  NAVAL  RECORDS 

2  NAVY  ANNEX 

WASHINGTON  DC  20370-5100 

JLP:ecb 
Docket No:  5074-03 
29 July 2003 

From: 
To: 

Chairman, Board  for Correction of  Naval Records 
Secretary of  the Navy 

Subj : 

Ref: 

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

Encl: 

(1)  DD Form  149 wlattachments 
(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, Beckett, and  Agresti,  reviewed  Petitioner's 
allegations of  error and  injustice on  29 July 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. 

Docket No:  5074-03 

RECOMMENDATION: 

That Petitioner's  naval record be corrected, where appropriate, to show that on  8 November 
1995, the date he took his Oath of  Office, he execcuted a MGIB Election Form  @D 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 

6. 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. 

29 July 2003 

F+L  W.  DEAN~FEIFFER 

Executive Director 



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