DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JLP:ddj
Docket No: 5723-01
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
IJnited States Code, section
1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 23 October 2001.
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 NPC memorandum 1780 Pers 604 of 10 September 2001, a copy of which
is attached.
In addition, the Board considered the advisory
Your allegations of error and injustice
careful and conscientious consideration of the entire record, the Board found that the
After
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. 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
178 0
PERS-604
10 Sep 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via :
Subj:
Ref:
Assistant for BCNR Matters
(PERS-OOZCB)
(a) CNPC memo 5420 PERS-OOZCB of 29 Aug 01
(b) Title 38,
(c) Veterans Improvement Act of 1996 (PL
(d) Veterans Benefits and Health Care Improvement Act
United,States Code, Chapter 32
104-275)
2000 (PL 106-419)
of
1.
The following is provided in response to reference (a):
.
Recommend the Board deny
- 's request to enroll
VEAP was available to members who entered the
thae 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
(c) and
participate in VEAP.
(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, members
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.
076/85 (CNO WASHINGTON DC 2011322 JUN
advised the deadline for members eligible under VEAP to initially
enroll was 30 June 1985.
final closure of VEAP was given the widest dissemination via
NAVOP
86), Navy Times
article of 10 November 1986 and by placing a statement on the
110/86 (CNO WASHINGTON DC 3016532 OCT
Notification of the open period and
NAVOP
85)
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Leave and Earnings Statements of all active duty servicemembers.
A second NAVOP was released in March 1987 reminding commanding
officers of the pending deadline.
d.
Since
active duty o
so now.
participant,
per reference (d).
Additionally,
since AM1 Hubert is not a VEAP
d not enroll in VEAP upon entry to
pen period,
he is not eligible to do
he is not eligible to convert to the MGIB Program
2.
PERS-604's point of contact is M
reached at (DSN) 882-4260 or (C)
S
901-
ho can be
Drug-& Alcohol,
Navy
Director,
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)
2
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 | 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 | 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 | 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 | CY2001 | 03905-01
opinion furnished by NPC memorandum 1780 Pers 604 of 5 July 2001, a copy of which is attached. 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. Since, of his DD Form 2057 by contributing a s recommend denial of 'was not able to provide a complete copy indicating he attempted to enroll in VEAP per month from his pay, we @quest to be enrolled in VEAP.
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 | CY2002 | 07162-01
DEPARTMENT OF THE NAVY BOARD’FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JLP:ddj Docket No: 7 162-01 5 February 2002 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. 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 on were reviewed in accordance...