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NAVY | BCNR | CY2001 | 00765-00
Original file (00765-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON, D.C. 20370-5100

JLP: ddj
Docket No:  
24 October 2000

765-00

SKC 

@!

ISN

Dear CHIEF PEETY OFFICE

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.

for Correction of Naval Records, sitting in executive

A three-member panel  ‘of the Board  
session, considered your application on 24 October 2000. 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 PERS 604 of 9 May 2000, a copy of which is
attached.

In addition, the Board considered the advisory

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.
to keep in mind that a presumption of regularity attaches to all official records.
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.

In this regard, it is important
Consequently,

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAV
PERSONNEL  COMMAN

NAVY 

5720 INTEGRITY DRIVE

MILLINGTON TN  

38055-0000

Y

D

1780
PERS-604
9 May 00

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via-:

Subj:

Ref:

Assistant for BCNR Matters (PERS-OOZCB)

ATIONS ICO SKC

(a) CNPC memo 5420 PERS-OOZCB of 14 Apr 00
(b) Title 38,
(c) Title 38,

United States Code, Chapter 32
United States Code, Chapter 30

1.

The following is provided in response to reference (a):

+.:

g

a.

This office recommends denial of SKC

request to
ally

Eligibility

enroll in VEAP or MGIB Program.
Legislated Educational Benefit Programs is determined by the
member's initial entry onto active dut
educational program available to SKC
active duty on 18 June 1984 was the Veterans' Educational
Assistance Program (VEAP).
enrollments on 30 June 1985;
"open period"
who did not enroll before these deadlines lost their eligibility.
Reference (b) did not require the documentation of a member's
decision to elect or decline enrollment in VEAP (DD Form 2057) to
be retained in service records or microfiche.

between 28 October 1986 and 31 March 1987.

Legislation closed VEAP to new
enrollment reopened for a five-month

er reference (b), the

hen he entered

Members

b.

The Montgomery GI Bill (MGIB) Program is available for

members who entered active duty for the first time after
30 June 1985.
VEAP eligibility to MGIB Program except for individuals
separating from active duty under the Voluntary Separation
Incentive,
separations.

Special Separation Benefit,

Reference (c) does not provide for conversion of

or certain involuntary

C .

A review of SKC 

-record  indicates he did not

enroll in VEAP before the legislated deadlines and is not
eligible for VEAP benefits.
active duty prior to 30 June 1985,
Program benefits.

SKC-  came onto
since 
he is not eligible for MGIB

Also,

PERS-604's point of  

conta
2.
reached at (DSN)   882-4262  or

who can be

Commander, U.S. Navy
Deputy Director, Navy Drug  
Alcohol, Fitness, Education, and
Partnerships Division (PERS-60)
Acting

&



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