DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JLP:ddj
Docket No: 2930-01
2 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.
consiclered your application on 2 October 2001.
A three-member panel of the Board for Correction of Naval Recorcls, sitting in executive
session,
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
applicable statutes, regulations
BlJPERS
opinion furnished by
which is attached.
and policies.
In addition, the Board considered the advisory
~~1emorancl~~m 1780 PERS 604 of 29 August 2001, a copy of
suhtnittecl in support thereof, your naval record and
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. Accorclingly, your application has been denied. The names and votes of
the members of the pane1 will
upm request.
he furnished
It is regretted that the circumstances of your case are such that favorable action cannot be taken.
upon
You are entitled to have the Board reconsider its decision
evidence-or other matter not previously considered by the Board.
to keep in mind that a presumption of regularity attaches to all official records. Consequently,
when
demonstrate the existence of
applyin g for a correction of an official naval record, the burden is on the applicant to
subnlission of new and material
In this regard, it is important
probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 380550000
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
1780
PERS-604
29 Aug 01
Subj:
Ref:
NTS AND RECOMMENDATIONS ICO
(a) CNPC memo 5420 PERS-OOZCB of 14 Aug
(b) Title 38, United States Code, Chapter 32
(c) Veterans Improvement Act of 1996
(d) Veterans Benefits and Health Care Improvement Act of
(PL 104-275)
01
2000 (PL 106-419)
1.
The following is provided in response to reference (a):
a.
Recommend denial of
'request to enroll in the
(VEAP) and convert to
Per reference (b), VEAP
Veterans Educational Assistance Program
the Montgomery GI Bill (MGIB) Program.
was available to members who entered the military for the first
time between 1 January 1977 and 30 June 1985.
new enrollments on 30 June 1985,
from 28 October 1986 to 31 March 1987.
enrollments were allowed after the 31 March 1987 date
established by Congress.
but reopened for five months
By law, no new
It was closed to
b.
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).
VEAP participant
continuously from that date through at least 1 April 2000 will
be allowed an opportunity to convert from VEAP to the MGIB
Program.
(c) or (d) for members like MS1
VEAP.
no provisions were made in references
who did not participate in
03 or before 9 October 1996 and served
Unfortunately,
an individual who was a
Subj:
IONS ICO
C .
A review of MS1
record indicates she did not
enroll in VEAP before the legislated deadlines and, therefore,
is not eligible for VEAP benefits.
was not a VEAP participant,
to the MGIB Program.
she is not eligible for conversion
Additionally,
since
MSlw
PERS-604's point of contact is
2.
reached at (DSN) 882-4245 or
(
MS2(SW)
who can be
U.S. Navy
Navy Drug
Commander,
Director,
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)
& Alcohol,
2
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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.