D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTlON OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON. D.C. 20370-5100
JLP:ddj
Docket No: 5172-98
23 February 1999
Dear'
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the United States Code, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 23 February 1999. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures applicable
to the proceedings of this Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies. In addition, the Board considered the advisory
opinion furnished by CMC memorandum 1560 MRV of 28 January 1999, a copy of which is
attached.
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the Board substantially concurred with the comments contained in
the advisory opinion. Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken.
You are entitled to have the Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board. In this regard, it is important
to keep in mind that a presumption of regularity attaches to all official records. Consequently,
when applying for a correction of an official naval record, the burden is on the applicant to
demonstrate the existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS U N I T E D STATES MARINE CORPS
ORUSS US SELL ROAD
QUANTICO, VIRGINIA 22 134-5 103
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
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Subj: BCNR APPLICATION IN THE CASE 00
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qm-'
2
1. Servicemembers who originally entered active duty between 1
Jan 77 and 30 Jun 85, were on active duty on 9 Oct 96, and were
participants in VEAP, may be eligible for enrollment in the
Montgomery GI Bill (MGIB) if electing prior to 9 Oct 97 under the
provisions of Public Law 104-275.
2. To have been eligible,-
been on active duty and a participant in VEAP on 9 Oct 96.
-separated
on active duty on the date of 9 Oct 96 the provisions of PL
104-275 would not pertain to him,
from active duty on 6 Sep 83. Since he was not
would have had to have
3. Additionally, he would have had to have been a participant in
VEAP on 9 Oct 96; participant is defined by Code of Federal
Regulations as one with a positive dollar balance in their VEAP
account. The CH32 PARTICIPANT ACCOUNT SUMMARY provided with the
case indicates that -received
contributions. Therefore he could not have been a participant.
a refund of his VEAP
4. The VEAP has a delimiting date of 10 year from date of
separation from active duty. Since ,-
active duty on 6 Sep 83, if he had m
account 7 Sep 93, the Department of Veterans Affairs would have
automatically disenrolled him and refunded his money, as his time
limit to use the benefits had expired.
separated from
g
in his VEAP
m
i
n
5. Based on the information that has
recommends that no change be made to
further questions concerning his elig
my POC, -at
784-9550.
ed, this office
record. Any
be directed to
DSN 278-9550 or commercial (703)
Head, voluntary ducat ion Programs
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 1999. The Veterans Educational Assistance Program (VEAP) was a voluntary contributory program in which Navy matched each dollar contributed by the member with two dollars. Reference (c) provided the opportunity for VEAP participants to enroll in the Montgomery GI Bill (MGIB) Program provided they were on active duty and had contributions in a VEAP account...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. In addition, the Board considered the advisory opinion furnished by NPC memorandu~n 1780 Pers 604 of l l January 2002, a copy of which is attached. c. Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment).
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 September 2008. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. VEAP era Service members were allowed to convert and contribute to the MGIB program during two conversion periods in 1996 and 2001, if they opened and made contributions to...
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