DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JLP:ddj
Docket No: 6899-01
27 November 2001
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the
Ilnited States Code, section
1552.
on 27 November 200
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application
injustice 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
In addition, the Board considered the advisory
opinion furnished by
attached.
I. Your allegations of error and
NPC memorandum
1780 Pers 604 of
25 October 200
and policies.
1, a copy of which is
After careful and conscientious consideration of the entire record, the Board found that the
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
i~pon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken.
You are entitled to have
evidence or other matter not previously considered by the Board.
to keep in mind that a presumption of regularity attaches to all
when
an official naval record,
demonstrate the existence of probable material error or
In this regard, it is important
ofticial records. Consequently,
upon submission of new and material
Board reconsider its decision
0 for a correction of
on the applicant to
itl_justice.
the burden is
applyin,
the
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
Ref:
(a) CNPC memo 5420 PERS-OOZCB of 16
(b) Title 38,
(c) Veterans Improvement Act of 1996 (PL 104-275)
(d) Veterans Benefits and Health Care Improvement Act of
Ott 01
United States Code, Chapter 32
2000 (PL 106-419)
1.
The following is provided in response to reference (a):
a.
Per
VEAP was available to members who entered the
Recommend the Board deny
in the Veterans Educational Ass'i
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
request to enroll
(VEAP).
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
and served continuously from that date through at least
1 April 2000 will be allowed an opportunity to convert from VEAP
were made in
to the MGIB Program.
who did not
references
participate in VEAP.
(c) and (d) for members like
Per reference (d), an
Unfortunately, no
9 October 1996
C .
A review of
record indicates he did not
enroll in VEAP before the legislated deadlines and, therefore, is
Additionally, since ENC Krafft
not eligible for VEAP benefits.
he is not eligible for conversion to
was not a VEAP participant,
the MGIB Program.
d.
DD Form 2057 was used to document member's election to
enroll or decline enrollment in VEAP.
for individual counseling or to retain documentation of a
member's election.
final closure of VEAP was given the widest dissemination via
Notification of the VEAP open period and
There was no requirement
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
,
NAVOP messages, Navy Times articles and by placing a statement on
the Leave and Earnings Statements of all active duty members for
several months.
e .
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
those who never participated are petitioning the
(MGIB) Program,
Board for waivers to the law to establish VEAP accounts.
Over
40,000 Sailors are in this category.
Now that reference (d)
PERS-604's point of contact is
2.
reached at (DSN) 882-4275 or
(C)
90
,who can be
Commander, U.S. Navy
Director, Navy Drug
Behavioral Health, Federal
& Partnerships‘
Education,
Division (PERS-60)
& Alcohol,
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 | 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 | CY2003 | 00094-03
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. Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment) . Additionally, since XXX was not a VEAP participant, he was not eligible for conversion to the MGIB Program.
NAVY | BCNR | CY2001 | 05723-01
Recommend the Board deny - 's request to enroll VEAP was available to members who entered the thae Veterans Educational Assistance Program (VEAP). 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). (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,...
NAVY | BCNR | CY2003 | 06291-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 October 2003. 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. Reference (d) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment).
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 | 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 | 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 | 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 | CY2002 | 02220-02
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. At the time of ; entry onto active duty in 1980, it would have been impossible for him to have been counseled an education assistance program that didn't exist until 1985. no one could have enrollment period, requirements of the VEAP to Montgomery GI Bill conversion opportunities that didn't...