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
JLP:ddj
Docket No: 7937-01
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 material submitted in support thereof, your naval record and
applicable statutes, regulations and policies. 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.
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 upon request.
It is regretted that the circulnstances 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
In this regard, it is important
evidence or other matter not previously considered by the Board.
to keep in mind that a presuniption of regularity attaches to all official records. Consequently,
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1780
PERS-604
11 Jan 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj :
I
Ref:
ICO
t .
(a) CNPC memo 5420 PERS-OOZCB of 8 Jan 02
(b) Title 38, United States Code, Chapter 32
(c) Veterans Improvement Act of 1996 (PL 104-275)
(d) Veterans Benefits and Health Care Improvement Act of
2000 (PL 106-419)
1. The following is provided in response to reference (a):
a. Recommend denial of-
-,.
request to enroll in the
Veterans Educational Assistance Program (VEAP) and convert to
the Montgomery GI Bill (MGIB) Program. Per reference (b), VEAP
was available to members who entered the military for the first
time between 1 January 1977 and 30 June 1985. It was closed to
new enrollments on 30 June 1985, but reopened for five months
from 28 October 1986 to 31 March 1987. By law, no new
enrollments were allowed after the 31 March 1987 date
established by Congress.
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. Unfortunately, the fact that a
Department of Defense form signed in 1980 states a member can
enroll at any time while on active duty does not override a
later act of Congress. Reference (b) did not require armed
services to keep documentation of a member's election in their
service record. There was no requirement for individual
counseling for VEAP enrollment upon entry on active duty or
during the open period. NAVOP 076/85 (CNO WASHINGTON DC 2011322
JUN 85) advised the deadline for members eligible under VEAP to
initially enroll was 30 June 1985. Notification of the open
period and final closure of VEAP was given the widest
dissemination via NAVOP 110/86 (CNO WASHINGTON DC 3016532
OCT 86), Navy Times article of 10 November 1986 and by placing
Subj :
a statement on the Leave and Earnings Statements of all active
duty servicemembers. A second NAVOP was released in March 1987
reminding commanding officers of the pending deadline.
c. Reference (c) offered MGIB Program enrollment to active
duty members with money in a VEAP account on 9 October 1996
(date of enactment). Per reference (d), an individual who was a
VEAP participant on or before 9 October 1996 and served
continuously from that date through at least 1 April 2000 was
allowed an opportunity to convert from VEAP to the MGIB Program.
Unfortunately, no provisions were made in references (c) or (d)
for members who did not participate in VEAP.
d. A review of -record
indicates she did not
enroll in VEAP before the legislated deadlines and, therefore,
is not eligible for VEAP benefits. Additionally, since
was not a VEAP participant, she was not eligible for
m
n
to the MGIB Program.
2. PERS-604's point of contact is Ms.-
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)
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 | 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 | 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 | 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 | 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 | 06899-01
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. It was closed to new enrollments on 30 June 1985, Members who did not enroll before these deadlines request to enroll (VEAP). who did not references participate in VEAP.
NAVY | BCNR | CY2001 | 06757-01
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 | 07571-01
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 | 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 | CY2001 | 03905-01
opinion furnished by NPC memorandum 1780 Pers 604 of 5 July 2001, a copy of which is attached. Consequently, 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. Since, of his DD Form 2057 by contributing a s recommend denial of 'was not able to provide a complete copy indicating he attempted to enroll in VEAP per month from his pay, we @quest to be enrolled in VEAP.