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NAVY | BCNR | CY2001 | 05458-01
Original file (05458-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-510

0

JLP:ddj
Docket No:  
2 October 2001

5458-01

This is in reference to your ’ application for correction of your naval record pursuant to the
provisions of title  

IJnited States Code, section  

10 of the  

1552.

oh 2 October 2001. Your allegations of error and injustice

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application  
were reviewed in accordance with administrative regulations and procedures applicable to the
proceeciings 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  
which is attached.

nlemorandunl  1780 PERS 604 of 6 September 2001,

In addition, the Board considered the advisory

  a copy of

After careful and conscientious consideration of the entire   record, 
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.

the Board found that the

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. Consequently,
when 
demonstrate the existence of probable material

0 for a correction of   an official naval record, the burden is on the applicant to

In this regard, it is important

  error or injustice.

applyin,

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAV

NAVY PERSONNEL COMMAND

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

Y

1780
PERS-604
06 Sep 01

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via :

Subj 

:

Ref:

Assistant for BCNR Matters (PERS-OOZCB)

REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
HMCS WILLIAM D.

SUYAT, USN,   548-81-4438

(a) CNPC memo 5420 PERS-OOZCB of 14 Aug 01
(b) Title 38,
(c) Veterans Improvement
(d) Veterans Benefits and Health Care Improvement Act o

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):

a.

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).
 
reference (b),
military  for the first time between 1 January 1977 and
It was closed to new enrollments on 30 June 1985
30 June 1985
but reopened for five months from
31 March 1987.
lost their eligibility.

Members who did not enroll before these deadlines

28 October 1986 to

.

 

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 (d) for members like HMCS Suyat who did not
participate in VEAP.

Per reference (d), an

no provisions were made in

Unfortunately,

C .

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.
signed their DD Form 2057 indicating they could enroll at any
time while on active duty.
HMCS Suyat indicates he lined out the election to participate in
VEAP with a $25.00 per month allotment and selected the option
HMCS Suyat states in his
not to participate at that time.
"T O participate at a later date was the intention
DD Form 149
the fact that a
rather than declination."
Department of Defense form signed in 1984 states a member can
enroll at
act of   Congress .
keep documentation of a member's election in their service

  any time while on active duty does not override a late

Reference (b) did not require armed services to

Unfortunately,

f

,

r

Subj:

NAVOP 

076/85  (CNO WASHINGTON DC 2011322 JUN 85) advised

There was no requirement for individual counseling for

record.
VEAP enrollment upon entry on active duty or during the open
period.
the deadline for members eligible under VEAP to initially enroll
was 30 June 1985.
closure of VEAP was given the widest dissemination via NAVOP
110/86  (CNO WASHINGTON DC 3016532 OCT  
10 November 1986 and by placing a statement on the Leave and
Earnings Statements of all active duty servicemembers.
NAVOP was released in March 1987 reminding commanding officers of
the pending deadline.

Notification of the open period and final

86),  Navy Times article of

A second

d.

Since HMCS
active duty or dur
so now.
participant,
Program.

Additionally, since HMCS
he is not eligible f

did not enroll in VEAP upon entry to
e open pe

e is not eligible to do
was not a 
ersion to 

V*P
twMGIB

PERS-604's point of contact is Mr.

2.
reached at (DSN) 882-4246 or (C) 901-874-4246.

who can be

Navy
Navy Drug 

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

& Alcohol,

2



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