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NAVY | BCNR | CY2004 | 09773-04
Original file (09773-04.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
                  WASHINGTON DC 20370-5100


                  SRB
                  Docket No 9773 - 04
                                                      31 August 2005


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

        
         Subj: REVIEW OF NAVAL RECORD

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

         En cl :    (1)      DD Form 149 w/attac hm ents
                 
(2)      NRC memo 1133 Ser N5312/09007 dtd 15 Aug 05
                  (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 enlist under the Loan Repayment Program (LRP).

2.       The Board, consisting of Messrs. Rothlejn, McBride, and Miller reviewed Petitioner’s allegations of error and injustice on 30 August 2005 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. 9773-04
RECOMMENDATION:

That Petitioner’s naval record be corrected, where appropriate, to show that:

a.       Petitioner’s initial enlistment is under the provisions of the Loan Repayment Program (LRP) and was reviewed and approved by appropriate authority for the LRP.

b.       Petitioner is entitled to receive payments toward the principal balance of qualified federal student loans. A 1/3 payment of the total loan amount will be paid after completion of one year of service. (The remaining 2/3 payments will be paid 1/3 at a time at the conclusion of the Petitioner’s two and three years of consecutive service)

c.       Annex A to Petitioner’s DD Form 4 reflect LRP program guarantee.

d.       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        WILLIAM J. HES S , III
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 7 23.6(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.

31 August 2005



                                                                                 W. DEAN PFEIFFER
                                                                                
Executive Di rector

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