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NAVY | BCNR | CY2001 | 00772-00
Original file (00772-00.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: 772-00
24 October 2000

Dear PETTY 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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
erl-or and 
session, considered your application on 24 October 2000. Your allegations
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 17 April 2000, a copy of which
is attached.

  of 

injustice

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 NAVY

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

1780
PERS-604
17 Apr 00

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via':

Subj:

Ref:

Assistant for BCNR Matters (PERS-OOZCB)

REQUEST FOR COMMENTS'AND RECOMMENDATIONS ICO  

-USN,

YN~*~I

(a) CNPC memo 5420 PERS-OOZCB of
(b) Title  38, United States Code, Chapter   32
(c) BUPERS memo 1780  
Pers-06L2R of 1 Mar 96

30 Mar 00

1.

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

a.

A review of  

YNl

supporting documentation indicates

that he did sign the Post-Vietnam Era Veteran's Educational
Assistance Program (VEAP) Statement of Understanding (DD Form
2057) dated 23 July 1979, which stated,  
enroll in the program at any time during my service on active
duty."

"I understand I can

b.

Per reference (b),

the law governing VEAP, a person

entering military service on or after 1 January 1977, and before
1 July   1985,
shall have the right to enroll in VEAP at any time
during such person's service on
A second opportunity existed for members who initially failed to
enroll before 1 July 1985.
a VEAP "open period"

Members were allowed to enroll during
from  28 October  1986  through  31 March 1987.

active duty before 1 July 1985.

C .

By law there were no new enrollments allowed beyond the
The fact that a

31 March 1987 date established by Congress.
that 
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Department of Defense form says
time while on active duty does not overr
provide authority where none exists.

 

can enroll at any
act of Congress or

d.

The individual cited by  

who was approved for
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petitioned and was subsequently

This office acted in good conscience when

VEAP enrollment by this office,
enrolled in VEAP prior to the legality of the action being
clearly defined.
allowing the member to enroll in VEAP,
the aforementioned statement of understanding in DD Form 2057 he
Due to a clarification on this
was entitled to VEAP benefits.
issue from Navy legal, reference (c), this office can not allow
new enrollments for VEAP Era members who feel they were
miscounseled.

believing that based on

YNl

If 

2.
eligibility,
Representative at l-800-962-1425.

'has any further questions concerning his VEAP

he may contact a MGIB/VEAP Customer Service

Subj:

FOR C
USN,

PERS-604's point of  

3.
cant
reached at (DSN) 882-4262 or  

(C)

COMMENDATIONS ICO  

YNl

who can be

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



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