DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON, D.C. 20370-5100
JLP:ddj
Docket No: 4627-00
24 October 2000
ETIRED
Dear
Mw
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.
In addition, the Board considered the advisory
opinion furnished by BUPERS memorandum 1780 PERS 604 of 7 September 2000, a copy of
which is attached.
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.
reconsider its decision upon submission of new and material
You are entitled to have the Board
In this regard, it is important
evidence or other matter not previously considered by the Board.
Consequently,
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
INTEDRITY DRIVE
IILLINDTOW
TN 28055-0000
$720
1780
PERS-604
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Subj:
Ref:
Assistant for BCNR Matters (PERS-OOZCB)
REQUEST
MR.
FOR COMMENTS AND RECOMMENDATIONS
ICO
(a) CNPC memo 5420 PERS-OOZCB of 22 Aug 00
(b) Veterans Improvement Act of 1996 (PL 104-275)
(c) Title 38,
United States Code, Chapter 32
The following is provided in response to reference (a).
1.
Reference (b) allowed Veterans Educational Assistance Program
(VEAP) participants who were on active duty and had money in a
VEAP account on 9 October 1996 to elect to participate in the
Montgomery GI Bill (MGIB) Program.
were required to make an MGIB Program election prior to
9 October 1997 and contribute $1,200 for enrollment.
who did not make an election before the legislated deadline lost
the opportunity to convert programs.
Eligible VEAP participants
Members
298/96) December 1996,
announcing the criteria for
This office released a Naval Administrative Message
2.
(NAVADMIN
VEAP to MGIB Program enrollment procedures under PL 104-275. In
an effort to reach all eligible VEAP participants, the Defense
Finance and Accounting Service,
on all servicemembers,
them to contact this office concerning their VEAP to MGIB
Program eligibility.
notification via NAVADMIN
servicemembers to contact this office if they had not received a
VEAP to MGIB Program conversion package.
Cleveland included a statement
"Leave and Earnings Statement" advising
209/97, advising commands and
Additionally,
this office released a final
-* ailed
to respond prior to the deadline date of
3. Mr.
8 October 1997 and did not contribute the required $1,200 for
enrollment.
legislation.
educational benefits program.
Office,
separation from active duty,
Navy does not have the authority to overrule this
Per reference (c),
s
According‘to the Veterans Affairs
Due to his
he currently has $75 in his VEAP account.
Mr.-is no longer eligible to
Mr.-retains VEAP as hi
Subj:
REQUEST
FOR COMMENTS AND RECOMMENDATIONS ICO
contribute to his VEAP account.
VEAP money by contacting the Department of Veterans Affairs at
1-888-442-4551.
He can request a refund of his
PERS-604's point of contact is
4.
MS2(SW)
reached at (DSN) 882-4244 or (C) 901-874-4244.
who can be
Captain,
Director,
Fitness,
Partnerships Division (PERS-60)
U.3. Navy
Navy Drug
Education,
& Alcohol
&
2
NAVY | BCNR | CY2003 | 04731-03
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. 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 VEAP. Reference (c) offered MGIB Program enrollment to active duty servicemembers with money in a VEAP account on 9 October 1996...
NAVY | BCNR | CY2003 | 06434-03
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. Following enactment of reference (c), Navy attempted widest dissemination of the opportunity for eligible personnel to convert to the MGIB Program. Other notification was provided in ample time for members who didn't receive a letter to contact PERS-604 about their eligibility before the legislated deadline.
NAVY | BCNR | CY2003 | 04703-03
In addition, the Board considered the advisory opinion furnished by PERS memorandum 1780 PERS-604 of 1 July 2003, a copy of which is attached. Only those members who were eligible to convert to the MGIB Program were notified of the opportunity. Records indicate letter was mailed transfer date from that UIC was 15 August 2001, which means the letter should have reached his command long before he detached.
NAVY | BCNR | CY2003 | 04755-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2003. Reference (c) provided an opportunity for active duty VEAP participants to enroll in the Montgomery GI ill (MGIB) Program provided they were on active duty and had contributions in a VEAP account on 9 October 1996 (date of enactment). ~eview of his record revealed -was eligible for conversion under reference (c) because he did not a VEAP participant,...
NAVY | BCNR | CY2001 | 02354-01
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. Reference (c) provided the opportunity for active duty VEAP participants to enroll in the Montgomery GI Bill (MGIB) Program provided they in a VEAP account on 9 October 1996 (date of enactment). A review of MSC record indicates he did not...
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 | 06895-01
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. references (c) and (d) for members like EN1 participate in VEAP. A review of enroll in VEAP before the not eligible for VEAP benefits.
NAVY | BCNR | CY2001 | 01599-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2001. 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. Unfortunately, no provisions were made in references (c) and (d) for members like who did not participate in VEAP.
NAVY | BCNR | CY2001 | 03763-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 2001. 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. references (c) and (d) for members like EM participate in VEAP.
NAVY | BCNR | CY2001 | 06390-01
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. In addition, the Board considered the advisory opinion furnished by NPC memorandum 1780 Pers 604 of 4 October 2001, a copy of which is attached. references (c) and (d) for members like Chie participate in VEAP.