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NAVY | BCNR | CY2001 | 06757-01
Original file (06757-01.pdf) Auto-classification: Denied
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) 



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