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
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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
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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
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who can be
Commander, U.S. Navy
Deputy Director, Navy Drug
&
Alcohol, Fitness, Education and
Partnerships Division (PERS-60)
Acting
NAVY | BCNR | CY2001 | 05959-01
It was closed to new enrollments on 30 June 1985, Members who did not enroll before these deadlines Program (VEAP). references (c) and participate in VEAP. DD Form 2057 was used to document member's election to In some cases, members enroll or decline enrollment in VEAP.
NAVY | BCNR | CY2001 | 00765-00
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. 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). A review of SKC -record indicates he did not enroll in VEAP before the legislated deadlines and is not eligible...
NAVY | BCNR | CY2001 | 05458-01
Recommend the Board deny HMCS Suyat's request to enroll Per entered the VEAP was available to members who in the Veterans Educational Assistance Program (VEAP). references (c) and (d) for members like HMCS Suyat who did not participate in VEAP. DD Form 2057 was used to document member's election to In some cases, members The DD Form 2057 submitted by enroll-or decline enrollment in VEAP.
NAVY | BCNR | CY2001 | 04681-00
In this connection, the Board substantially concurred with the comments contained in the advisory opinion. reference military service on or after 1 January 1977 and before 1 July 1985, on active duty before 1 July 1985. for members who initially failed to enroll before Members were allowed to enroll during a VEA 28 October 1986 through 31 March 1987. A second opportunity existed period" from was not By law, b. Mr.d stated he requested to enroll in VEAP in 1987 He further stated, while...
NAVY | BCNR | CY2001 | 03905-01
opinion furnished by NPC memorandum 1780 Pers 604 of 5 July 2001, a copy of which is attached. 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. Since, of his DD Form 2057 by contributing a s recommend denial of 'was not able to provide a complete copy indicating he attempted to enroll in VEAP per month from his pay, we @quest to be enrolled in VEAP.
NAVY | BCNR | CY2001 | 04904-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2001. The following is provided in response to reference (a): Recommend the Board deny GSMC request to enroll VEAP was available to members who entered the tfe Veterans Educational Assistance Program (VEAP). he is not eligible to enroll in the MGIB Program per reference (d).
NAVY | BCNR | CY2001 | 07937-01
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).
NAVY | BCNR | CY2001 | 04445-00
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 23 August 2000, a copy of which is attached. 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.
NAVY | BCNR | CY2001 | 05723-01
Recommend the Board deny - 's request to enroll VEAP was available to members who entered the thae Veterans Educational Assistance Program (VEAP). Reference (c) offered Montgomery GI Bill (MGIB) Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment). (d) for members like AM1 Unfortunately, no pro Per reference (d), an s were made in who did not ’ ’ C. DD Form 2057 was used to document member's election to Unfortunately, In some cases,...
NAVY | BCNR | CY2001 | 03298-01
references (c) and (d) for members who did not participate in VEAP. DD Form 2057 was used to document member's election to Reference (b) did not enroll or decline enrollment in VEAP. requirement for individual counseling for VEAP enrollment upon NAVOP entry on active duty or during the open period.