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NAVY | BCNR | CY2011 | 06338 11
Original file (06338 11.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD 1001
ARLINGTON VA 22204-2490

 

MEH
Docket No. 6338-11
27 Feb 12

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

Subj: REVIEW OF NAVAL RECORD ICO

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

Encl: (1) DD Form 149 w/attachments
(2) CMC memo 1600 RCT of 21 Sep 11
(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 establish entitlement to transfer Post-9/11 GI Bill benefits to his
dependents.

2. The Board, consisting of Messrs. George, Pfeiffer, and Zsalman,
reviewed Petitioner’s allegations of error and injustice on 27
February 2012 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. 6338-11

RECOMMENDATION:

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

a. He was not transferred to the IRR on 10 June 2009 but
remained in the SMCR until his retirement on 1 September 2009.

b. Prior to 1 September 2009 he submitted a Transfer of
Educational Benefits (TEB) application, which was approved.

c. Petitioner should contact the Lifelong Learning Section
(MRR-1), Headquarters, Marine Corps, at 703 784-9550, to complete the
process.

d. 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.

e

[tlbian~ 4 PC

ROBERT D. ZSALMAN WILLIAM J. HESS, Il
Recorder Acting Recorder
Bis 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.

27 February 2012 hes
W. DEAN P

Executive Diye

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