DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAVY ANNEX
WASHINGTON, D.C. 203704100
JLP:ddj
Docket No: 468 l-00
24 October 2000
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 31 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.
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.
In this regard, it is important
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY
SJtO
MlLLllDTON
CIRIOWWIL COMMAND
WTLORITY DRIVE
TN
3805 5-0000
178 0
PERS-604
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Subj
Ref:
Assistant for BCNR Matters
(PERS-OOZCB)
: REQU
MR.
(a) CNPC memo 5420 PERS-OOZCB of 22 Aug 00
(b) Title 38,
United States Code, Chapter 32
1 .
The following is provided in response to reference
(a):
a.
A review of Mr.-supporting documentatio
n
had the
(DD Form 2057) on
"I understand I can enroll in the
righv to enroll in VEAP at any time while
(b), the law governing VEAP, a person entering
indicates he signed the Veterans Education Assistance Program
(VEAP) Statement of Understanding
10 April 1980, which stated,
program at any time during my service on active duty."
reference
military service on or after 1 January 1977 and before
1 July 1985,
on active duty before 1 July 1985.
for members who initially failed to enroll before
Members were allowed to enroll during a VEA
28 October 1986 through 31 March 1987. Mr.
enrolled in VEAP initially nor during the open period.
no new enrollments were allowed after the
established by Congress.
Department of Defense form signed in 1980 stating a member can
enroll at any time while on active duty does not override a
later act of Congress.
Unfortunately, the fact that a
31 March 1987 date
Per
1 July 1985.
A second opportunity existed
period" from
was not
By law,
b.
Mr.d stated he requested to enroll in VEAP in 1987
He further stated,
while stationed on board USS SAIPAN
his request was denied and his personnel
VEAP had been disestablished. Mr.
1987 he made his request.
which was the end of the VEAP open period, he may have been
miscounseled
in 1987 Mr.
enrollment.
ade his request, miscounseling cannot be
If it was prior to 31 March 1987,
office informed him
did not state when in
Without knowledge of the date
(LHA2).
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS
MR.
*v
ICC
.
substantiated.
to enroll in VEAP and defer to the Board to determine whether an
injustice occurred which warrants relief.
By law, we cannot approve Mr.
equest
2.
reached at
PERS-604's point of contact is
MS2(SW)
(DSN) 882-4244 or
(C) 901-874-4244.
who can be
Director, Navy Drug
Fitness, Education,
Partnerships Division (PERS-60)
& Alcohol,
&
2
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