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NAVY | BCNR | CY2001 | 03905-01
Original file (03905-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION

 

OFNAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

JLP:ddj
Docket No: 3905-01
15 November 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 14 November 2001.
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 NPC memorandum 1780 Pers 604 of 5 July 2001, a copy of which is
attached.

In addition, the Board considered the advisory

Your allegations of error and injustice were

_

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

NAVY 

PERSONNEL COMMAN
5720 INTEGRITY DRIVE

MILLINGTON TN 38055-0000

Y

D

1780
PERS-604
5 Jul 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
(b) Title 38,
(c) Veterans Improvement Act of 1996 (PL 104-275)
(d) 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.

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 the Veterans
Educational Assistance Program  
enrollment on 30 June 1985,
28  October 1986 to   31 March 1987.
enroll before these deadlines lost their eligibility

but reopened for five months from

Servicemembers who did no

VEAP was closed to new

(VEAP).

.

t

\

b.

DD Form 2057,

Contributory Educational Assistance
Program Statement of Understanding, was used to document a
servicemember's election to enroll or decline enrollment in
If a member elected to enroll in VEAP, Part 2 of
VEAP.
the  DD Form 2057 indicated the amount of pay per month a
servicemember wanted deducted for his VEAP account.

Part 2 of

s DD Form 2057 was not completed and consequently a
Reference 

VEAP account was never established in his name.
did not require armed services to retain copies of the
DD Form 2057 in service records or on microfiche.

(b)

C .

Since,

of his DD Form 2057
by contributing a s
recommend denial

of

'was not able to provide a complete copy

indicating he attempted to enroll in VEAP
per month from his pay, we
@quest to be enrolled in VEAP.

d.

Reference (c) offered Montgomery GI Bill Program (MGIB)

dctive  duty members with money in a 

VEAP  account
Per reference (d),   an

enrollment to 
on  9  October 

1996 (date of enactment).

Subj 

:

REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO

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 to convert from VEAP to the
MGIB Program.
reference 
participate in VEAP.

no provisions were made in

(d) for members like

Unfortunately,

(c) or 

who did not

PERS-604 point of contact is M

2.
reached at  (DSN) 882-3227

S

who can be

U.S. Naval Reserve

Navy Drug 

Commander,
Director,
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)
Acting

& Alcohol,



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