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NAVY | BCNR | CY2001 | 03720-01
Original file (03720-01.pdf) Auto-classification: Denied
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,



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