DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
Docket No: 6227-01
30 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 30 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.
In addition, the Board considered the advisory
opinion furnished by NPC memorandum 1780 Pers 604 of 3 October 2001, 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
insufticient to establish the existence of probable material error or
evidence submitted was
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
tlat a presumption of regularity attaches to all official records. Consequently,
to keep in mind
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.
6227-O 1
Sincerely,
W . DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
NAVY
PER SO NNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 380550000
Y
D
1780
PERS-604
03
act 01
MEMORANDUM FCR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Assistant for BCNR Matters
(PERS-OOZCB)
Via :
Subj:
Ref:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Em
(a)
(b) Title 38,
(c) Veterans Benefits and Health Care Improvement Act of
CbiPC memo 5420 PERS-OOZCB of 23 Aug 01
United States Code, Chapter 32
2000 (PL
106-419)
1.
The following is provided in response to reference (a):
a.
Recommend the Board deny
in the Veterans Educational Assistance Program (VEAP).
(b:, VEAP was closed to new enrollments on
reference
30 June 1985,
to 31 March 1.987.
deadlines lost their eligibility.
Members who did not enroll before these
but reopened for five months from 28 October
request to enroll
Per
1986
b.
DD Form 2057 was used to document member's election to
There was no requirement
In some cases,
enroll or decline enrollment in VEAP.
for individual counseling or to retain documentation of a
members signed their
member's election.
DD Form 2057 indicating they could enroll at any time while on
active duty.
Defense form was signed in 1983 does not override a later act of
Nl2tification of the open period and final closure of
Congress.
VEAP was given the widest dissemination via NAVOP messages, Navy
Times
articles and by placing a statement on the Leave and
Earnings Statements of all active duty members for several
months.
the fact that a Department of
Unfortunately,
C .
Since this program closed over 14 years ago, it is not
expected that members would remember the specifics of the program
or notification of its closure.
authorizes VEAP participants to enroll in the Montgomery GI Bill
(MGIB) Program,
Board for waivers to the law to establish VEAP accounts.
40,000 Sailors are in this category.
those who never participated are petitioning the
Now that reference
(c)
Over
Subj:
PERS-604's point of contact is Mr.
2.
reached at
(LtSN) 882-4246 or (C)
901-874-4246.
ho can be
Commander, U.S. Navy
Navy Drug
Director,
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)
& Alcohol,
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