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NAVY | BCNR | CY2001 | 03312-01
Original file (03312-01.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: 3312-01
31 July 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 31 July 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 26 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. In this regard, it is important
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.

Consequently,

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

Y

178 0
PERS-604
26 Jun 01

MEMORANDUM FOR EXECUTIVE DIRECTOR,

NAVAL RECORDS

BOARD FOR CORRECTION OF

Via:

Assistant for BCNR Matters (PERS-OOZCB)

Ref:

(a) CNPC memo 5420 PERS-OOZCB of 7 Jun 01
(b) Title 38,
(c) Veterans Improvement Act of 1996 (PL 104-275)
(d) Veterans Benefits and Health Care Improvement Act of

United States Code, Chapter 32

2000 (PL 106-419)

1.

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

a .

Recommend the Board deny

request to enroll

It was closed to new enrollments on

VEAP was available to members who entered the

but reopened for five months from 28 October 1986

in the Veterans Educational Assistance Program (VEAP).
reference (b),
military for the first time between 1 January 1977 and
30 June 1985.
30 June 1985,
to 31 March 1987.
deadlines lost their eligibility.
armed services to retain documentation of a member's election to
enroll or decline enrollment in VEAP in their service records or
There was no requirement for individual counseling
microfiche.
for VEAP enrollment upon entry on active duty or during the open
period.

Members who did not enroll before these

Reference (b) did not require

Per

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).
individual who was a VEAP participant on or
and served continuously from that date through at least
1 April 2000 will be allowed an
to the MGIB Program.
references (c) and (d) for members lik
participate in VEAP.

Unfortunately, no provisions were made in

Per reference (d), an

opportunity to convert from VEAP

before 9 October 1996

who did not

C .

A review of
enroll in VEAP befo
not eligible for VEAP benefits.
was not a VEAP participant,
the MGIB Program.

record indicates he did not
d deadline and, t
Additionally, since
he is not eligible for c

Subj:

PERS-604's point of contact is Ms.

2 .
reached at  (DSN) 882-3227  or (C) 901-874-3227.

ho can be

, U.S. Navy
Navy Drug-& Alcohol,

Director,
Behavioral Health, Federal
Education,
& Partnerships
Division (PERS-60)

2



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