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NAVY | BCNR | CY2001 | 03763-01
Original file (03763-01.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: 3763-01
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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by BUPERS memorandum 1780 PERS 604 of 28 June 2001, a copy of which
is attached.

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. Consequently,
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.

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAV

PERSONNEL  

NAVY 
5720  INTEGRITY DRIVE
MILLINGTON TN 38055-0000

COMMAND

Y

1780
PERS-604
28 Jun 01

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via:

Subj:

Ref:

Assistant for BCNR Matters (PERS-OOZCB)

(a) CNPC memo 5420 PERS-OOZCB of 14 Jun 01
United States Code, Chapter   32
(b) Title 38,
(c) Veterans Improvement Act of 1996 (PL 104-275)
(d) 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 EM1
in the Veterans Educational Assistance
VEAP was available to members who entered the
reference (b),
military for the first time between 1 January 1977 and 30 June
1985.
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 closed to new enrollments on 30 June 1985, but

rogram (VEAP).

Per

request to enroll

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 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
Unfortunately, no provisions were made in
to the MGIB Program.
references (c) and (d) for members like EM
participate in VEAP.

Per reference (d), an

who did not

C .

A review 

of-l record indicates he did not

enroll in VEAP before the legislated deadline and, t
not eligible for VEAP benefits.
was not a VEAP participant,
the MGIB Program.

Additionally, since
he is not eligible for c

Subj:

S AND REC
USN,

DATIONS 

ICC

PERS-604's point of contact is MM1

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

who can be

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

& Alcohol,

2



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