DEPARTMENT OF THE
,NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JLP:lc
Docket No: 2354-01
23 October 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 23 October 2001.
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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by NPC memorandum 1780 PERS-604 of 10 July 2001, a copy of which is
attached.
Your allegations of error and 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. In this regard, it is important
to keep in mind that a presumption of regularity attaches to all official records. Consequently,
the burden is on the applicant to
when applying for a correction of an official naval record,
demonstrate the existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
NAVY PE RS O NNEL
COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
1780
PERS-604
JUl 01
10
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
Ref:
(a)
(b)
(c)
(d)
CNPC memo 5420 PERS-OOZCB of 14 Jun 01
Title 38, United States Code, Chapter 32
Veterans Improvement Act of 1996 (PL 104-275)
Veterans Benefits and Health Care Improvement Act of
2000 (PL 106-419)
I
1.
The following is provided in response to reference (a):
a.
The Veterans Educational Assistance Program
(VEAP) is a
voluntary contributory program in which Navy matches each dollar
contributed by the member with two dollars.
VEAP participants
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
b .
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).
not provide a conversion option for members like
chose to disenroll from VEAP and withdrew their contributions.
Navy does not have the authority to waive these requirements.
were.on active duty and had contributions
MSC,
It did
who
C .
A review of MSC
record indicates he did not have
contributions in his VEAP account on the date of enactment of PL
104-275; therefore, he was not eligible for conversion to the
MGIB Program.
PERS-604 sent enrollment packages only to those
VEAP participa
who were eligible for conversion to the MGIB
Program.
MSC
would not have received an enrollment package
since he was not eligible to convert.
._
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
MSC
USN ,
r
d.
MSC
Per reference (d),
MS- is now eligible to convert
he is required to pay $2,700 for
-has until 31 October 2001 to elect to
~
to the MGIB Program; however,
enrollment.
enroll or decline enrollment in the MGIB Program.
chooses not to enroll in the MGIB Program per reference'
retains VEAP as his educational benefits program.
recontribute up to $2,700 to his VEAP account at any time prior
to separation from active duty.
2.
reached at
PERS-604's point of contact is
MS2(SW)
(DSN) 882-4244 or (C) 901-874-4244.
who can be
Commander, U.S. Navy
Director, Navy Drug
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)
& Alcohol,
2
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 | 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 | CY1999 | 07316-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 1999. The Veterans Educational Assistance Program (VEAP) was a voluntary contributory program in which Navy matched each dollar contributed by the member with two dollars. 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...
NAVY | BCNR | CY2003 | 04703-03
In addition, the Board considered the advisory opinion furnished by PERS memorandum 1780 PERS-604 of 1 July 2003, a copy of which is attached. Only those members who were eligible to convert to the MGIB Program were notified of the opportunity. Records indicate letter was mailed transfer date from that UIC was 15 August 2001, which means the letter should have reached his command long before he detached.
NAVY | BCNR | CY2003 | 06434-03
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 | CY2001 | 04627-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2000. were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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. Reference (b) allowed Veterans Educational Assistance Program (VEAP)...
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 | 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.
NAVY | BCNR | CY2003 | 04731-03
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. Per reference (b), the educational benefit program available to servicemembers entering active duty for the first time from 1 January 1977 through 30 June 1985 was VEAP. Reference (c) offered MGIB Program enrollment to active duty servicemembers with money in a VEAP account on 9 October 1996...
NAVY | BCNR | CY2001 | 02930-01
Documentary material considered by the Board consisted of your application, together with all material applicable statutes, regulations BlJPERS opinion furnished by which is attached. Reference (c) offered MGIB Program enrollment to active Per reference (d), duty members with money in a VEAP account on 9 October 1996 (date of enactment). (c) or (d) for members like MS1 VEAP.