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NAVY | BCNR | CY2001 | 03284-01
Original file (03284-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

JLP: ddj
Docket No: 3284-01
13 August 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 13 August 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.
opinion furnished by BUPERS memorandum 1780 PERS 604 of 27 June 2001, a copy of which
is attached.

In addition, the Board considered the advisory

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 NAV

N AVY PERSONNEL COMMAN

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

Y

D

1780
PERS-604
27 Jun 01

MEMORANDUM FOR EXECUTIVE DIRECTOR,

NAVAL RECORDS

BOARD FOR CORRECTION OF

Via:

Subj:

Ref:

Assistant for BCNR Matters (PERS-OOZCB)

AND RECOMMENDATIONS

ICO

(a) CNPC memo 5420 PERS-OOZCB of 7 Jun 01
(b) Title 38,
(c) Veterans Improvement Act of 1996 (PL  
(d) Veterans Benefits and Health Care Improvement Act of

United States Code, Chapter 32

104-275)

2000 (PL 106-419)

1.

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

a.

Recommend denial of

request to enroll in

(VEAP) and convert

Per reference (b),

the Veterans Educational Assistance Program
to the Montgomery GI Bill (MGIB) Program.
VEAP was available to members who entered the military for the
It was
first time between 1 January 1977 and 30 June 1985.
closed to new enrollments on 30 June 1985, but reopened for five
By law, no new
months from 28 October 1986 to 31 March 1987.
enrollments were allowed after the 31 March 1987 date
established by Congress.
Department of Defense form signed on
member can enroll at any time while on active duty does not
override a later act of Congress.

7 June 1983 stating a

the fact that a

Unfortunately,

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 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.
(c) or 
in VEAP.

(d) for members like  

Unfortunately,

no provisions

ETC(SW)

were made in references

who did not participate

an individual who was a

Subj:

C .

A review of 

ETC(SW)

record indicates he did not
ed deadlines and, therefore,

enroll in VEAP before the
is not
ETC(SW)
conversion to the MGIB Program.

legis

le for VEAP benefits.
was not a VEAP participant, he is not eligible for

Additionally, since

PERS-604's point of contact is MM1 Philip Jones who can be

2.
reached at (DSN) 882-4245 or (C) 901-874-4245.

Commander, U.S. Navy
Director,
Navy Drug 
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)

& Alcohol,

2



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