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NAVY | BCNR | CY2010 | 08341-10
Original file (08341-10.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

MEH
Docket No. 8341-10
i8 Jan 11
From: Chairman, Board for Correction of Naval Records
To: | Secretary of the Navy
Subj: REVIEW OF N
Ref: (a) Title 10 U.S.C. 1552

Encl: (2) DD Form 149 w/attachments
(2) NPC memo 1780 PERS-3148 of 7 Sep 10
(3) Subject’s naval record

1. Pursuant to the provisions of reference (a) Subject, hereinafter
referred to as Petitioner, filed enclosure (i) with this Board
requesting, in effect, that the applicable naval record be corrected
to show enrollment in the Montgomery GI Bill (MGIB).

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsaiman,
reviewed Petitioner's allegations of error and injustice on 18 January
2011 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. :
RECOMMENDATION :

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

a. The DD Form 2366 of 13 November 1995 is null and void.
Petitioner was not eligible for enrollment in the MGIB program as he
declined enrollment during his initial entry onto active service.

b. The DD Form 2366s of 11 September 2001, and 12 September
2001, are null and void. Petitioner was not eligible for the
increased benefit option as he previously declined enrollment in MGIB.
The $600.00 contribution will be refunded.

c. Option (2} of Annex A to the DD Form 4 dated 5 October 1995
reflects “N/A,” vice “6 Year Navy College Fund.”

d. In conjunction with his involuntary separation Petitioner
enrolled in the MGIB program. The $1,200 previously collected may be
applied. Petitioner may exhaust all 36 months of entitlement under
MGIB and then apply to the Department of Veterans Affairs to use 12
months of Post-9/11 GI Bill entitlements.

e. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.

4. It is certified that quorum was present at the Board’s review and
deliberations, and that the foregoing is a true complete record of the
Board's proceedings in the above entitled matter.

ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
Docket No. 8341-10

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.

18 January 2011 LoSuad S

W. DEAN PFET
Executive Di

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