DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JLP : ddj
Docket No: 3720-01
21 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 21 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 12 July 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.
Enclosure
*
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
Y
1780
PERS-604
12 Jul 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Ref:
(a) CNPC memo 5420 PERS-OOZCB of 14 Jun 01
(b) Title 38,
United States Code, Chapter 32
1.
The following is provided in response to reference (a):
a.
Recommend the Board deny
enroll in the Montgomery GI Bill
any federally legislated educational benefit is determined by
which benefit was available at the time of a
initial entr
onto active duty.
Program.
Veterans Educational Assistance
servicemember's
request to
Eligibility for
(MGIB)
as the program available at the time of
initial entry onto active duty.
osed to new enrollments on 30 June 1985, but
Per reference
reopened for five months from 28 October 1986 to 31 March 1987.
Members who did not enroll before these deadlines lost their
eligibility.
initially entered active duty after 30 June 1985.
did not exist prior to 1 July 1985.
MGIB Program was available to servicemembers who
MGIB Program
initially entered active duty on
b.
5 Marc
educationa
26 June 1985,
acknowledging
30 June 1985,
well as enrollment in any other veteran's educational benefit
Notification of the open period and final closure of
program.
VEAP was given the widest dissemination via NAVOP messages, Navy
Times articles and by placing a statement on the Leave and
Earnings
period when VEAP was the only
t available to servicemembers. On
signed a NAVPERS
f he did not enroll in VEAP before
he would loose eligibility for VEAP benefits as
1070/613
Stateme
legislated dead1
program did not exist at the time of his
never gain eligibility without special legislation.
ve duty members for several
did not enroll in VEAP before the
ligibility for VEAP and any other
There was no need to
m enrollment because the
enlistment and he could
Subj:
U.S. Navy
Navy Drug
Commander,
Director,
Behavioral Health, Federal
Education,
& Partnerships
Division (PERS-60)
& Alcohol,
NAVY | BCNR | CY2001 | 00765-00
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. Legislated Educational Benefit Programs is determined by the member's initial entry onto active dut educational program available to SKC active duty on 18 June 1984 was the Veterans' Educational Assistance Program (VEAP). A review of SKC -record indicates he did not enroll in VEAP before the legislated deadlines and is not eligible...
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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 24 August 1999. Eligibility for Federally Legislated Educational Benefit e Programs is determined by the member's initial entry onto active duty. enroll VEAP benefits.
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...
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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.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2001. 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. Unfortunately, no provisions were made in references (c) and (d) for members like who did not participate in VEAP.
NAVY | BCNR | CY2001 | 03763-01
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NAVY | BCNR | CY2001 | 06895-01
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. references (c) and (d) for members like EN1 participate in VEAP. A review of enroll in VEAP before the not eligible for VEAP benefits.
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