DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JLP: ddj
Docket No: 3841-01
2 October 2001
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the
lJnited States Code, section
1552.
A three-member panel of the Board for Correction of Naval
session, considered your application on 2 October 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
which is attached.
In addition, the Board considered the advisory
memorantl~~m 1780 PERS 604 of 29 August 2001, a copy of
Recorcls, sitting in executive
BIJPERS
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. 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.
In this regard, it is important
.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN
38055-0000
Y
1780
PERS-604
29 Aug 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via :
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
Ref:
(a) CNPC memo 5420 PERS-OOZCB of 22 Aug 01
(b) Title 38,
(c) 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
to enroll in the Veterans
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.
deadlines lost their eligibility.
Members who did not enroll before these
Educati
equest
VEAP).
b.
DD Form 2057 was used to document member's election to
There was no requirement
In some cases,
enroll or decline enrollment in VEAP.
for individual counseling or to retain documentation of a
members signed their
member's election.
DD Form 2057 indicating they could enroll at any time while on
active duty.
Defense form was signed in 1982 does not override a later act of
Notification of the open period and final closure of
Congress.
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.
Unfortunately, the fact that a Department of
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.
authorizes VEAP participants to enroll in the Montgomery GI Bill
(MGIB) Program, those who never participated are petitioning the
Over
Board for waivers to the law to establish VEAP accounts.
40,000 Sailors are in this category_
Now that reference
(c)
Subj:
PERS-604's
2.
reached at
pointpof contact is M S
901-
(DSN) 882-4260 or (C)
who can be
Director,. Navy
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)
Drug-& Alcohol,
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