DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F 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
J LP:ddj
Docket No: 7306-01
26 March 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.
A three-niember panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 26 March 2002. Your allegations of error and i~ijustice
were reviewed in accordance with ad~ninistrative regulations and procedures applicable to the
proceedings of this Board. Docu~nentary 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. I n addition, the Board considered the advisory
opinion furnished by NPC memorandum 1780 Pers 604 of 9 Noveniber 2001, a copy of which is
attached.
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 nienibers 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.
Yo11 are entitled to have the Board reconsider its decision upon si~b~nission of new arid 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 ofticial 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
D E P A R T M E N T OF THE N A V Y
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1780
PERS-604
9 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) Title 38, United States Code, Chapter 30
1. The following is provided in response to reference (a):
a. Recommend the Board deny -equest
to enroll in
the Veterans Educational Assistance Program (VEAP) or the
Montgomery GI Bill (MGIB) Program. Per reference (b), VEAP was
available to members initially entering active duty from
1 January 1977 to 30 June 1985. VEAP 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.
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 duty members for
several months.
c. Per reference (c), enrollment in the MGIB Program is
available to members initially entering active duty after
1 July 1985. Enrollment election is made within the first two
weeks of entering active duty. Additionally, there was an "open
period" for enrollment in the MGIB Program from 1 December 1988
through 30 June 1989. Enrollment during this period was limited
to members who entered active duty after 1 July 1985 and
initially declined enrollment. Members who initially entered
active duty during the VEAP era were not eligible for MGIB
Program enrollment.
d * v nitially entered active duty with the Navy on
14 February
The federal education program available to him
was VEAP. HM2 Super did not elect to participate in VEAP at that
time nor during the VEAP open enrollment period. Although
HM2 Super was not eligible for enrollment in the MGIB Program, he
was allowed to sign an MGIB Program Enrollment Form
(DD Form 2366) on 28 February 1989. Apparently the erroneous
enrollment was realized because no money was collected from
HM2 Super for the MGIB Program. This was confirmed with the
Defense Finance and Accounting ~ e r v i e e , Cleveland.
e. Since -did
not enroll in VEAP before the
legislated deadlines, he is not eligible for VEAP benefits.
Additionally, since -s
the MGIB Program and to avoid any future confusion regarding
education benefits, we recommend the DD Form 2366 dated
28 February 1989 be removed from his record.
not eligible for enrollment in
2. PERS-604's point of contact
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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