Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JLP:ddj
Docket No: 7316-98
30 March 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 30 March 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.
opinion furnished by BUPERS memorandum 1780 SER
which is attached.
In addition, the Board considered the advisory
604/009 1 of 3 February 1999, a copy of
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
NAVY
5720
MILLIWDTOW TN
PERSOWWEL COMMAND
IWTEDRITY DRIVE
28055-0000
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Assistant for BCNR Matters (Pers-OOZCB)
Via:
Subj:
Ref:
1780
Ser
03 Feb 99
6041
0091
99
OOZCB/NPC-OOZCB
(a) Pers
(b) Title 38,
(c) Veterans Improvement Act of 1996
United States Code, Chapter 32
memo 5420 of 7 Jan
(PL 104-275)
1.
The following is provided in response to reference (a):
a.
The Veterans Educational Assistance Program (VEAP) was a
voluntary contributory program in which Navy matched each dollar
contributed by the member with two dollars.
may contribute a maximum of $2,700 for a total return of $8,100
in educational benefits.
the option for participants to disenroll from VEAP by requesting
a refund of contributions.
Section 3223 of reference (b) provides
VEAP participants
b.
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 on 9 October 1996 (date of enactment).
current legislation does not provide a conversion option for
members who chose to disenroll from VEAP and withdraw their
contributions.
Unfortunately,
C .
A review of
record indicates he
his contributions on
he was not
However, if
disenrolled from VE
23 May 1991 and maintained a zero balance until November 1996.
Therefore,
Program.
attempted to start his
enactment,
allotment ran from November 1996 to 16 October 1998 after which
he withdrew his contributions.
zero balance in his VEAP
an educational benefits program an
account at any time prior to separation from active duty.
a more favorable response can be given.
accoun
conversion to the MGIB
can provide proof that he
llotment before the date of
NPC-604's point of contact is
2.
reached at (DSN) 882-4258
or (C)
901-874-4258.
His latest
rently has a
retains VEAP as
te to his VEAP
who can be
::.
Manager (NPC-604)
enefits Program
NAVY | BCNR | CY1999 | 08842-98
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. opinion furnished by BUPERS memorandum 1780 SER of which is attached. 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 Unfortunately, account on 9 October 1996...
NAVY | BCNR | CY2001 | 02354-01
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and In addition, the Board considered the advisory applicable statutes, regulations and policies. Reference (c) provided the opportunity for active duty VEAP participants to enroll in the Montgomery GI Bill (MGIB) Program provided they in a VEAP account on 9 October 1996 (date of enactment). A review of MSC record indicates he did not...
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NAVY | BCNR | CY2003 | 04731-03
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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. Following enactment of reference (c), Navy attempted widest dissemination of the opportunity for eligible personnel to convert to the MGIB Program. Other notification was provided in ample time for members who didn't receive a letter to contact PERS-604 about their eligibility before the legislated deadline.
NAVY | BCNR | CY2003 | 04755-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2003. Reference (c) provided an opportunity for active duty VEAP participants to enroll in the Montgomery GI ill (MGIB) Program provided they were on active duty and had contributions in a VEAP account on 9 October 1996 (date of enactment). ~eview of his record revealed -was eligible for conversion under reference (c) because he did not a VEAP participant,...
NAVY | BCNR | CY2003 | 01975-03
Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment). As stated above, references (c) and (d) provided opportunities to "VEAP participants" not 'VEAP-era members. could convert VEAP eligibility to states he was never afforded the he learned of a period of time when was not d. Granting the petitioner's request will not guarantee the Department of Veterans Affairs will award VEAP or MGIB Program benefits since...
NAVY | BCNR | CY2003 | 00094-03
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