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NAVY | BCNR | CY2001 | 04264-01
Original file (04264-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

S

WASHINGTON DC 20370-510

0

JLP:ddj
Docket No: 4264-01
5 September 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 5 September 2001.
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.
In addition, the Board considered the advisory
opinion furnished by BUPERS memorandum 1780 PERS 604 of 20 July 2001, a copy of which
is attached.

Your allegations of error and

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.

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.

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,

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

178 0
PERS-604
01
20 Jul 

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 27 Jun 01
(b) Title 38,
(c) Veterans Improvement Act of 1996 (PL  
(d) Veterans Benefits and Health Care Improvement Act of

United States Code, Chapter 32

104-275)

2000 (PL 106-419)

1 .

The following is provided in response to reference (a):

Recommend the Board deny

Veterans  Educational Assistance Program  

Per
(b), VEAP was available to members who entered the

the 
reference 
military for the first time between 1 January 1977 and
30 June 1985.
but reopened for five months from 28 October 1986 to
31 March 1987.
lost their eligibility.

It was closed to new enrollments on 30 June 1985,

Members who did not enroll before these deadlines

request to enroll in
(VEAP).

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
to the MGIB Program.
references 
(c) and 
participate in VEAP.

(d) for members like  

LTvwho  did not

no provisions were made in

Per reference  

Unfortunately,

(d),  an

C .

A review of

in VEAP before the
eligible for VEAP benefits.
a VEAP participant,
Program.

le

ecord  indicates he did not enroll

lated deadlines and,

therefore

Additionally, since LT

he is not eligible for  

conversi

Subj:

EST FOR COMMENTS AND RECO

PERS-604's point of contact is Ms.

2.
reached at  

(DSN)  882-4260 or  

(C

ho can be

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

& Alcohol,



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