DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JLP:ddj
Docket No:
1599-01
22 May 2001
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 22 May
2001. 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 19 April 2001, 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
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055.0000
1780
PERS- 604
19 Apr 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-OOZCB)
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Ref: (a) CNPC memo 5420 PERS-OOZCB of 3 Apr 01
(b) Title 38, United States Code, Chapter 32
(c) Veterans Improvement Act of 1996 (PL 104-275)
(d) Veterans Benefits and Health Care Improvement Act of
2000 (PL 106—419)
1. The following is provided in response to reference (a)
a. Recommend the Board deny request to enroll in the Veterans
Educational Assistance rogram (VEAP) . Per reference (b), VEAP was
available to members who entered the military for the first time between 1
January 1977 and 30 June 1985. It was closed to new enrollments on 30 June
1985, but reopened for five months from 28 October 1986 to 31 March 1987.
Members who did not enroll before these deadlines lost their eligibility.
b. 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). Per reference (d), an individual who was a VEAP
participant on or before 9 October 1996 and served continuously from that
date through at least 1 April 2000 will be allowed an opportunity to
convert from VEAP to the MGIB Program. Unfortunately, no provisions were
made in references (c) and (d) for members like who did not participate in
VEAP.
c. A review of DK1 record indicates he did not enroll in VEAP
before the legislated deadline and, therefore, is not eligible for VEAP
benefits. Additionally, since DK1 was not a VEAP participant, he is not
eligible for conversion to the MGIB Program.
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS I~O
2. PERS-604’s point of contact is Ms. who can be reached at (DSN) 882-
3227 or (C)
Captain U.S. Navy
Director, Navy Drug & Alcohol,
Behavioral Health, Federal
Education, & Partnerships
Division (PERS-60)
2
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