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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