DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
JLP: ddj
Docket No:
26 November 2002
2220-02
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 26 November 2002.
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
604*of 17 May 2002, a copy of which is
opinion furnished by NPC memorandum 1780 Pers
attached.
Your allegations of error and
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 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.
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.
Consequently,
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 380550000
1780
PERS-604
17 May 02
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 26 Apr 02
(b) Title 38,
(c) Veterans Benefits and Health Care Improvement Act of
United States Code, Chapter 32
2000 (PL 106-419)
1.
The following is provided in response to reference (a):
a.
Recommend the Board den
in the Veterans Educational Ass
reference (b),
30 June 1985,
to 31 March 1987.
deadlines lost their eligibility.
VEAP was closed to new enrollments on
but reopened for five months from 28 October 1986
Members who did not enroll before these
equest to enroll
( VEA P). Per
subsequent
states if he had been properly counseled that
Id preclude him from.participating in any
education assistance program, he would have elected to
when afforded the chance.
At the time of
;
entry onto active duty in 1980, it would have been
impossible for him to have been counseled an education assistance
program that didn't exist until 1985.
no one could have
enrollment period,
requirements of the VEAP to Montgomery GI Bill
conversion opportunities that didn't occur until 9 October 1996
and 1 November 2001.
Also, d
counseled
further states if he had been afforded the
VEAP-
rate to the MGIB Program when other
oP
eligible members were allowed, he would have done so.
been no opportunity for those like LT
participate in VEAP to enroll in the MGIB
Program.
who didn't
There has
d.
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 active duty members for several months.
reference
Program,
for waivers to the law to establish VEAP accounts.
Sailors are in this category.
(c) authorized VEAP participants to enroll in the MGIB
those who never participated are petitioning the Board
Over 40,000
Now that
Subj
:
PERS-604's point of contact
2.
reached at (DSN) 882-4260 or (C
who can be
Branch (PERS-604)
1 Education Programs
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application, together with al applicable statutes, regul opinion furnished by NPC attached. accordan with administrative regulations and procedures applicable to the ocumentary material considered by the Board consisted of your aterial submitted in support thereof, your naval record and In addition, the Board considered the advisory morandum 1780 PERS-604 23 May 2002, a copy of which is After careful and consci evidence submitted was tonne injustice. Notificatio was given the wides of the...
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