DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
JLP:ddj
Docket No: 4904-01
23 October 2001
This is in reference to your application for correction of your naval record pursuant to the
provisions of title
llnited States Code, section
10 of the
1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 23 October 2001. Your allegations of error and 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.
opinion furnished by
is attached.
NPCmemorantlum 1780 Pers 604 of 11 September 2001, a copy of which
In addition, the Board considered the advisory
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
the advisory opinion.
the members of the panel will be furnished upon request.
Accordingly, your application has been denied. The names and votes of
in
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
11 Sep 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via :
Subj:
Ref:
Assistant for BCNR Matters (PERS-OOZCB)
REQUE
GSMC
S AND
, USN,
s
ICO
(a) CNPC memo 5420 PERS-OOZCB of 14 Aug 01
(b) Title 38,
(c) Veterans Improvement
(d) Veterans Benefits and Health Care Improvement Act of
United States Code, Chapter 32
Act of 1996 (PL 104-275)
2000 (PL 106-419)
1.
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).
in
reference (b),
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
Per
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
participate in VEAP.
(c) and (d) for members like GSMC
Per reference (d), an
Unfortunately,
no provisions
were made in
who did not
C .
DD Form 2057 was used to document member's election to
enroll or decline enrollment in VEAP.
signed their DD Form 2057 indicating they could enroll at any
the fact that a
time while on active duty.
Department of Defense form signed in 1982 states a member can
enroll at any time while on active duty does not override a later
act of Congress.
advised the deadline for members eligible under VEAP to initially
enroll was 30 June 1985.
076/85 (CNO WASHINGTON DC 2011322 JUN 85)
In some cases, members
Unfortunately,
NAVOP
Notification of the open period and final closure of VEAP was
given the widest dissemination via NAVOP
DC 3016532 OCT
placing a statement on the Leave and Earnings Statements of all
active duty servicemembers.
1987 reminding commanding officers of the pending deadline.
110/86.(CNO WASHINGTON
86), Navy Times article of 10 November 1986 and by
A second NAVOP was released in March
d.
Sine
did not enroll in VEAP upon entry to
open
he is not eligible to do
Additional, since GSM
active duty
so now.
he is not eligible to enroll in the MGIB Program per reference
(d).
2.
PERS-604's point of contact PNC
(DSN) 882-4259 or (C) 901-874-4259.
was not a VEAP participant,
who can be reached at
Commander, U.S. Navy
Director,
Navy Drug
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)
& Alcohol,
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 | 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 | 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 | 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 | 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 | CY2001 | 06899-01
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 In addition, the Board considered the advisory opinion furnished by attached. It was closed to new enrollments on 30 June 1985, Members who did not enroll before these deadlines request to enroll (VEAP). who did not references participate in VEAP.
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 | CY2002 | 03684-02
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. 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. (b), VEAP was closed to new enrollments on Members 'who did not enroll before these request to enroll (VEAP).
NAVY | BCNR | CY2001 | 04326-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 JLP:ddj Docket No: 4326-01 23 October 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. The following is provided in response to reference (a): Recommend the Board deny AT1 VEAP was available to members who entered the t_:L Veterans Educational Assistance Program (VEAP). A review...