DEPARTMENT OF THE N A V Y
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
J LP:yl-i
~ o c k e t No: 3316-01
18 June 2002
Dear
'This is in reference to your application for correction 01' your naval record p~~rsuant to the
provisions of title 10 of the I.Jnited States Code, section 1552.
A three-member panel of the Boartl for Correction of Niival Iiccorcls, sitting in executive
session, considered your application on 18 June 2002. Yoi~r allegations of error and in.justice
were reviewed i n accorda~~ce with administ rat ive regulations and procedures applicable to tlie
proceedings of this Board. Docirlnentary ~iiaterial considered by the Boartl consisted of your
application, together with all tilaterial submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
opinion filrnishetl by NPC me~iiorandu~ii 1780 PEIZS-604 of 26 Sune 2001, a copy of which is
attached.
In addition, the Roartl considered the advisory
After careful and conscientious consideration of the entire record, the Board found that the
evidence sublnitted was insufficient to establish tlie existence of robab able tilaterial error or
injustice. In this connection, tlie Board substantially concurred with tlie co~n~iients contained in
the advisory opinion. Accordingly, your application tias been denied. The riallies and votes of
the members of the panel will be furnished upon request.
It is regretted that the circu~nstances of your case are s ~ h
that fiivorahle action cannot be taken.
You are entitled to have tlie Board reconsider its decision upon sl~l)mission of new and material
In this regard, it is itnportant
evidence or other ~iiatter not previously considered by the Board.
to keep in mind that a presumption of regularity attaches to all official records. Consequently,
wlieri applying for a correction of an ofticial naval record, the burden is on the applicant to
demonstrate the existence of probable material error or i~!justice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
17 8 0
PERS-604
26 Jun 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-OOZCB)
Ref:
(a) CNPC memo- 5420 PERS-OOZCB of 7 Jun 01
(b) Title 38, United States Code, Chapter 32
(c) 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 -s
request to enroll In
the Veterans Educational Assistance Program (VEAP). Per reference
(b), VEAP 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. It was
ossible to open a VEAP account with a zero balance as-
stated. The minimum amount for an allotment was $25.00.
s&@
Navy has no record of a VEAP account for YNC-.
b. DD Form 2057 was used to document member's election to enroll
or decline enrollment in VEAP. There was no requirement for
individual counseling or to retain documentation of a member's
election. Notification of the open period and final closure of VEAP
was given the widest dissemination via NAVOP messages, Navy Times
articles, and by placing a statement on the Leave and Earnings
Statements of - all active duty members for several months.
c. Since this program closed over 14 years ago, it is not
expected that members would remember the specifics of the program or
notification of its closure. Now that reference : c ) authorizes VEAP
participants to enroll in the Montgomery GI Bill (MGIB) Program,
those who never participated are petitioning the Hoard for waivers to
the law to establish VEAP accounts. Over 40,000 Sailors are in this
category.
2. PERS-604's point of contact
reached at (DSN) 882-4245 or ( C )
who can be
Director, Navy Drug & Alcohol,
Behavioral Health, Federal
Education, & Partnerships
Division (PERS-60)
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. b. DD Form 2057 was used to document member's election to enroll or decline enrollment in VEAP. In some cases, members signed their DD Form 2057 indicating they could enroll at any time while on active duty.
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A three-niember panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. DD Form 2057 was used to document member's election to enroll or decline enrollment in VEAP. Members who initially entered active duty during the VEAP era were not eligible for MGIB Program enrollment.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. In addition, the Board considered the advisory opinion furnished by NPC memorandu~n 1780 Pers 604 of l l January 2002, a copy of which is attached. c. Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment).
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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. The following is provided in response to reference (a): Recommend the Board deny -* s request to enroll t;e Veterans Educational Assistance Program (VEAP). was no requirement for services to retain documentation of a member's election so it is unlikely his record ever contained a DD Form 2057.
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Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment). As stated above, references (c) and (d) provided opportunities to "VEAP participants" not 'VEAP-era members. could convert VEAP eligibility to states he was never afforded the he learned of a period of time when was not d. Granting the petitioner's request will not guarantee the Department of Veterans Affairs will award VEAP or MGIB Program benefits since...
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Recommend the Board deny HMCS Suyat's request to enroll Per entered the VEAP was available to members who in the Veterans Educational Assistance Program (VEAP). references (c) and (d) for members like HMCS Suyat who did not participate in VEAP. DD Form 2057 was used to document member's election to In some cases, members The DD Form 2057 submitted by enroll-or decline enrollment in VEAP.
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 J LP: yrj Docket No: X083-0 9 July 2002 1 panel A three-member session, considered your were reviewed in proceedings of‘ this Board. application, together with all applicable statutes. regulations opinion furnished NI’C attached.
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