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NAVY | BCNR | CY2001 | 07571-01
Original file (07571-01.pdf) Auto-classification: Denied
D E P A R T M E N T O F  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:  7571-01 
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-member 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  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  niaterial  submitted in  support thereof,  your  naval  record  and 
applicable statutes, regulations and  policies.  In  addition, the  Board  considered  the advisory 
opinion furnished by  NPC  me~norandum 1780 Pers 604 of  1 1  December  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 nanies and  votes of 
the  members 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. 
You  are entitled to have the Board  reconsider its decision  upon  submission of  new  and  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 

DEPARTMENT OF THE NAVY 

NAVY PERSONNEL C O M M A N D  

5720 INTEGRITY DRIVE 

MILLINGTON T N  38055-0000 

1780 
PERS-604 
11 Dec 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 20 Nov 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 deny -request 

to enroll 

in the Veterans Educational Assistance Program  (VEAP).  Per 
reference  (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. 

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.  In some cases, members signed their 
DD Form 2057 indicating they could enroll at any time while on 
active duty.  Unfortunately, the fact that a Department of 
Defense form was signed in September 1982 does not override a 
later act of Congress.  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.  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.  Now that reference  (c) 
authorized VEAP participants to enroll in the Montgomery GI Bill 
(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. 

S u b j  : 

2.  PERS-604's point of contact is """ I"'-" 
reached at  (DSN) 882-4262 or  (C) % 

-who 

rn 

can be 

Director, Navy Drug &  Alcohol, 
Behavioral Health, Federal 
Education, &  Partnerships 
Division  (PERS-60) 



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