DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
JLP: ddj
Docket No:
22 Janaury 2003
17 12-02
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 22 Janaury 2003.
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.
opinion furnished by NPC memorandum 1780 PERS-604 9 May 2002, a copy of which is
attached.
In addition, the Board considered the advisory
Your allegations of error and injustice
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 members of the panel will be furnished upon request.
The names and votes of
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.
to keep in mind that a presumption of regularity attaches to all official records.
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.
In this regard, it is important
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY
PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
D
178 0
PERS-604
9 May 02
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Ref:
(a)
(b) Title 38,
(c) Title 38,
CNPC memo 5420 PERS-OOZCB
of 11 Ap r 02
United States Code, Chapter 32
United States Code, Chapter 30
1.
The following is provided in response to reference (a).
a.
A review of
s record indicates he served in
Program
A record of
om 25 September 1981
nrolled
in the Veterans
and contributed $50 to his
CPL Merchant's VEAP account reflects a
the United States Marine C
through 3 December 1981.
Educational Assistance
VEAP account.
balance of $50.
"Marine Corps
active duty.
to be eligible for VEAP,
educational assistance under the Vietnam Era GI Bill Program, and
must have entered military service on or after 1 January 1977 and
before 1 July 1985,
than 180 days commencing after
Ret
He did not complete boot camp.
as discharged from the USMC for
rogram"
after serving 69 days of
served on active duty for a period of
members could not be eligible for
1 January 1977 and be discharged
Per reference (b),
more
der conditions other than dishonorable.
ould not be el
days.
Since
AP benefits because he
did not complete boot
that period of time could be considered "active duty for
camp,
training."
b.
Eligibility for federal education benefit programs is
determined by the member's initial entrance onto active duty
other than for training.
3 April 1990,
this was
duty other than for training.
was afforded the opportunity to elect or decline enrollment
the Montgomery GI Bill
on 5 April 1990.
through payroll deductions.
enter
al ent
(c),
Per reference
When
conside
(MGIB) Program and he elected enrollment
CPL Merchant contributed the required $1,200
When he was released from active
h an Honorable Character of
hed eligibility to his MGIB Program
subsequently re-entered active duty
Subj:
with the Army,
discharge or release from active duty to use his 36 months of
MGIB Program benefits.
he has 10 years from the date of his last
c. If
,had been erroneously enrolled by Navy in
Program,
we would recommend a refund of the $1,200
the MGIB
contributed; however, his enrollment was not in error.
without enrollment in the MGIB Program,
would have no education benefits.
nf
PL
s on file at the Defense Manpower Data
may use his benefits by applying with
His MGIB Program
the Department
of Veterans Affairs.
2.
reached at
PERS-604's point of contact is
(DSN) 882-4260 or
(C) 9
who can be
Federal Education Programs
(PERS-604)
2
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