DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N OF N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
JLf':yri
~ o c k e ; No: 6757-0 1
IS June 2002
'This is in reference to your application for correction of your navi~l record p ~ r w a n t to the
provisions of title 10 of the llnited Slates Code, section 1552.
A three-memlxr panel of the Board tor Correction of Naval Kecolds, sitting in exec11 tive
session, considered your application on 18 June 2002. Your alleg;itions of error and injustice
were reviewed in accordance with ad~ninistrati\,t: regulations and procedures applicable to the
proceedings of this Roartl. Documentary material consitleretl by the Boartl consisted of your
application, together with all ~ilaterial suh~nittctl in support thereat', your niiviil record and
applicable statutes, regulations and policies.
opinion furnished by NPC ~ne~norantlir~n 1780 I'EKS-604 01'
which is attached.
In addition, the Boartl considered the advisory
I3 Noveliilw 2001. a copy of
After careful and conscientioirs consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probahle material error or
In this connection, the Boartl substantially concurred with the co~n~nents contained in
illjustice.
the advisory opinion. Accordingly, your application h a 3 heen denied. The names and votes of
the members of the panel will be furnished ilpori reques!.
I t is regretted that the circu~nstances of your case are s ~ ~ c l i
that favorable action cannot be taken.
You are entitled to have the Boartl reconsitler its tlecisio~i upon submission of new and material
In this regard, it is important
evidence or other matter not previously considered by the Board.
to keep in mind that a presumption of regularity attaches to all official records. Conseqilently,
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 i11.justice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT O F THE NAVY
N A V Y PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON T N 38055-0000
1780
PERS-604
13 Nov 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Ref:
(a) CNPC memo 5420 PERS-OOZCB of 16 Oct 01
( b ) Title 38, United States Code, Chapter 32
(c) Veterans Benefits and Health Care Improvement Act of
2000 (PL 106-419)
1. The following is provided in response to reference (a):
a. Recommend the Board d e n y ,
in the Veterans Educational Assi
Montgomery GI Bill (MGIB) Program. Per referer-ce (b), VEAP was
closed to new enrollments on 30 June 1985, but reopened for five
months from 28 October 1986 to 31 March 1987. Members who did
not enroll before these deadlines lost their eligibility.
request to enroll
VEAP) or the
b. DD Form 2057 was used to document member's election to
enroll or decline enrollment in VEAP. There was no requirement
for individual counseling or to retain documentation of a
member's election. Notification of the open period and final
closure of 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 dut:y members for
several months.
c. Since this program closed over 14 years ago, it is not
expected that members would remember the specifics of the proyiuit~
or notification of its closure. Now that reference (c)
authorized VEAP participants to enroll in the MGIB Program, those
who never participated are petitioning the Board for waivers to
the law to establish VEAP accounts. Over 40,000 Sailors are in
this category.
2. PERS-604's point of contact Is'
reached at (DSN) 882-4260 or (C
who can be
Commander, U.S. Navy
Director, Navy Drug & Alcohol,
Behavioral Health, Federal
Education, & Partnerships
Division (PERS-60)
NAVY | BCNR | CY2001 | 03316-01
Docirlnentary ~iiaterial considered by the Boartl consisted of your application, together with all tilaterial submitted in support thereof, your naval record and applicable statutes, regulations and policies. Recommend the Board deny -s request to enroll In the Veterans Educational Assistance Program (VEAP). b. DD Form 2057 was used to document member's election to enroll or decline enrollment in VEAP.
NAVY | BCNR | CY2001 | 07306-01
A three-niember panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. DD Form 2057 was used to document member's election to enroll or decline enrollment in VEAP. Members who initially entered active duty during the VEAP era were not eligible for MGIB Program enrollment.
NAVY | BCNR | CY2001 | 07571-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. b. DD Form 2057 was used to document member's election to enroll or decline enrollment in VEAP. In some cases, members signed their DD Form 2057 indicating they could enroll at any time while on active duty.
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 | CY2003 | 01975-03
Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment). As stated above, references (c) and (d) provided opportunities to "VEAP participants" not 'VEAP-era members. could convert VEAP eligibility to states he was never afforded the he learned of a period of time when was not d. Granting the petitioner's request will not guarantee the Department of Veterans Affairs will award VEAP or MGIB Program benefits since...
NAVY | BCNR | CY2001 | 04209-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 August 2001. 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. This office has checked with the Department of Veterans aving a VEAP Members who b. DD Form 2057 was used to document member's election to enroll or...
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 | 05076-01
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 and policies. The following is provided in response to reference (a): Recommend the Board deny -* s request to enroll t;e Veterans Educational Assistance Program (VEAP). was no requirement for services to retain documentation of a member's election so it is unlikely his record ever contained a DD Form 2057.
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 | CY2001 | 06227-01
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. 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. Members...