D E P A R T M E N T O F T H E N A . V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
JLP: tj
Docket No: 3562-99
24 August 1999
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 24 August 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 BUPERS Memorandum 1780 PERS-604 of 29 July 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
WAVY PERSONNEL COMMAND
5720 IWTEORltY DRIVE
MILLIWOTON I N 38055-0000
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-OOZCB)
-
Ref:
(a) NPC memo 5420 PERS-00-ZCB of 15 Jul 99
(b) Title 38, United States Code, Chapter 32
(c) Title 38, United States Code, Chapter 30
The following is provided in response to reference (a):
a. Eligibility for Federally Legislated Educational Benefit
e
Programs is determined by the member's initial entry onto active duty.
Per re e ence (b), the educational program available to NCl(SW/AW)
h
Veterans' Educational Assistance Program (VEAP) . Legislation closed
VEAP to new enrollments on 30 June 1985; enrollment reopened for a 5-
month period between 28 October 1986 and 31 March 1987. Members who
did not enroll before these deadlines lost their eligibility.
he entered active duty on 27 September 1982 was the
n
b. The Montgomery GI Bill (MGIB) Program is available for members
who entered active duty for the first time after 30 June 1985.
Reference (c) does not provide for conversion of VEAP eligibility to
MGIB except for individuals separating from active duty under the
Voluntary Separation Incentive, Special Separation Benefit, or certain
involuntary separations.
c .
enroll
VEAP benefits. Furthermore,-VEAP enrollment procedures did not
require the enrollment form (DD Form 2057) to be maintained as part of
the master s e r v i c e r e c o r d . This f-i-7 w a s pn7y used for indicating
intentions to either enroll in VEAP or defer that decision to a later
date. Actual enrollment in VEAP required the servicemember to either
start an allotment or pay a lump sum amount, thereby establishing a
VEAP account. Since NCl(SW/AW) Sundance came onto active duty prior
to 30 June 1985, he is not eligible for MGIB Program benefits.
record indicates he did not
ine and is not eligible for
Director, Navy Drug & Alcohol
Fitness, Education and
Partnerships Division (PERS-60)
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