Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 07306-01
Original file (07306-01.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   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) 



Similar Decisions

  • NAVY | BCNR | CY2001 | 07937-01

    Original file (07937-01.pdf) Auto-classification: Denied

    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

    Original file (01975-03.pdf) Auto-classification: Denied

    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 | 06757-01

    Original file (06757-01.pdf) Auto-classification: Denied

    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. 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,...

  • NAVY | BCNR | CY2001 | 05458-01

    Original file (05458-01.pdf) Auto-classification: Denied

    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 | 07571-01

    Original file (07571-01.pdf) Auto-classification: Denied

    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 | 03316-01

    Original file (03316-01.pdf) Auto-classification: Denied

    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 | 04445-00

    Original file (04445-00.pdf) Auto-classification: Denied

    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. opinion furnished by BUPERS memorandum 1780 PERS 604 of 23 August 2000, a copy of which is attached. 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.

  • NAVY | BCNR | CY2001 | 05959-01

    Original file (05959-01.pdf) Auto-classification: Denied

    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 | CY1999 | 03562-99

    Original file (03562-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 1999. Eligibility for Federally Legislated Educational Benefit e Programs is determined by the member's initial entry onto active duty. enroll VEAP benefits.

  • NAVY | BCNR | CY2003 | 06291-03

    Original file (06291-03.pdf) Auto-classification: Denied

    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).