DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON, D.C. 20370-5100
JLP: ddj
Docket No:
24 October 2000
4445-00
USN
ATC(AW)
Dear CHIEF PETTY OFFICE
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 24 October 2000.
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 23 August 2000, a copy of
which is attached.
In addition, the Board considered the advisory
Your allegations of error and injustice
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.
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 NAVY
WAVY l IRSONWLL COMMAND
DRIVC
lITEQUITY
5720
YlLLlWDTOll
TN
28052-0000
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Vi-a
i
Assistant for BCNR Matters (PERS-OOZCB)
1780
PERS-604
AUG
23
2000
Subj:
Ref :
REQUEST FOR COMMENTS AND RECOMMENDATIONS
ATC(AW)
SN,
ICO
(a) CNPC memo 5420 PERS-OOZCB of 26 Jul 00
(b) Title 38,
(c) Title 38,
(d) Veterans Benefits Improvement and Health-Care
United States Code, Chapter 32
United States Code, Chapter 30
Authorization Act of 1986, Public Law No. 99-576
1.
The following is provided in response to reference (a):
a.
ATC(AW)
Per reference (b), VEAP
Recommend denial of
'request to
enroll in the Veterans Educational Assistance Program (VEAP) or
the Montgomery GI Bill (MGIB) Program.
was available to members who entered the military for the first
time between 1 January 1977 and 30 June 1985.
new enrollments on 30 June 1985,
period from 28 October 1986 to 31 March 1987.
officially closed in 1987.
deadlines lost their eligibility.
for members who entered active duty for the first time after
3'0 June 1985.
does not provide for conversion of VEAP eligibility to the MGIB
Program except for individuals separating from active duty under
the Voluntary Separation Incentive,
or certain involuntary separations.
but reopened for a five-month
Members who did not enroll by these
Special Separation Benefit,
The MGIB Program is available
the law governing the MGIB Program,
This program was
It was closed to
Reference (c),
b.
there was no requirement to maintain members' VEAP
el.$,ction forms in service records or on microfiche.
ATC(AW)r statement of
Members were offered VEAP when they initially entered
active duty and made their election whether or not to enroll.
Unfortunately,
enrollment
Regarding
informed by my recruiter about the opportunity to participate in
Additionally,
VEAP," the law did not require VEAP briefings.
reference (d),
the Secretary of Defense to
of notifying to the maximum extent feasible," eligible
individuals of the opportunity to enroll prior to 1 April 1987.
In order to notify servicemembers of this open period, Navy
released two
March 1987.
the law covering the VEAP open period, required
one in October 1986 and a second in
this office coordinated with Navy Times
"carry out activities for the purpose
NAVOPs,
Furthermore,
II...1 was not
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
ATC(AW)
SN,
and published an article on the VEAP open period in the
30 November 1986 issue.
individual briefings.
there was no requirement for
Again,
C .
Since
ATC(AW)
id not elect to enroll in VEAP
Because
initially nor during the open period,
benefits.
duty prior to 1 July 1985,
the MGIB Program.
authority to overrule legislation pertaining to VEAP and MGIB
Program enrollment procedures and deadlines.
ATC(AW) Brewington initially entered active
he is not eligible for enrollment in
Navy does not have the
Unfortunately,
he is not eligible for VEAP
PERS-604's point of contact is
2 .
reached at (DSN) 882-4244 or
(C)
MS2(SW)
901-874-4244.
who can be
y
T -.S. Navy
Captain,
Director,
Fitness,
Partnerships Division (PERS-60)
Navy Drug
Education,
& Alcohol,
&
.
NAVY | BCNR | CY2001 | 03298-01
references (c) and (d) for members who did not participate in VEAP. DD Form 2057 was used to document member's election to Reference (b) did not enroll or decline enrollment in VEAP. requirement for individual counseling for VEAP enrollment upon NAVOP entry on active duty or during the open period.
NAVY | BCNR | CY2001 | 05959-01
It was closed to new enrollments on 30 June 1985, Members who did not enroll before these deadlines Program (VEAP). references (c) and participate in VEAP. DD Form 2057 was used to document member's election to In some cases, members enroll or decline enrollment in VEAP.
NAVY | BCNR | CY2001 | 04904-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2001. The following is provided in response to reference (a): Recommend the Board deny GSMC request to enroll VEAP was available to members who entered the tfe Veterans Educational Assistance Program (VEAP). he is not eligible to enroll in the MGIB Program per reference (d).
NAVY | BCNR | CY2001 | 07937-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. In addition, the Board considered the advisory opinion furnished by NPC memorandu~n 1780 Pers 604 of l l January 2002, a copy of which is attached. c. Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment).
NAVY | BCNR | CY2001 | 05458-01
Recommend the Board deny HMCS Suyat's request to enroll Per entered the VEAP was available to members who in the Veterans Educational Assistance Program (VEAP). references (c) and (d) for members like HMCS Suyat who did not participate in VEAP. DD Form 2057 was used to document member's election to In some cases, members The DD Form 2057 submitted by enroll-or decline enrollment in VEAP.
NAVY | BCNR | CY2001 | 05379-01
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. Members who did not enroll before these Per b. DD Form 2057 was used to document member's election to enroll or decline enrollment in VEAP. for one account ago, it of the program or notification of its closure.
NAVY | BCNR | CY2001 | 05723-01
Recommend the Board deny - 's request to enroll VEAP was available to members who entered the thae Veterans Educational Assistance Program (VEAP). 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). (d) for members like AM1 Unfortunately, no pro Per reference (d), an s were made in who did not ’ ’ C. DD Form 2057 was used to document member's election to Unfortunately, In some cases,...
NAVY | BCNR | CY2003 | 00094-03
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. Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment) . Additionally, since XXX was not a VEAP participant, he was not eligible for conversion to the MGIB Program.
NAVY | BCNR | CY2003 | 06291-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 October 2003. 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. Reference (d) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment).
NAVY | BCNR | CY2001 | 03312-01
opinion furnished by BUPERS memorandum 1780 PERS 604 of 26 June 2001, a copy of which is attached. Recommend the Board deny request to enroll It was closed to new enrollments on VEAP was available to members who entered the but reopened for five months from 28 October 1986 in the Veterans Educational Assistance Program (VEAP). A review of enroll in VEAP befo not eligible for VEAP benefits.