DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JLP: ddj
Docket No: 4160-01
5 February 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.
5 February 2002. Your allegations of error and injustice
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on
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 memorandum 1780 Pers 604 of 7 August 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 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 NAV
Y
AN D
NAVY PERSONNEL COMM
5720 INTEGRITY DRIVE
MILLINGTON TN 380550000
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters
(PERS-OOZCB)
178 0
PERS-604
7 Aug 01
Ref:
(a) CNPC memo 5420 PERS-OOZCB of 30 Jul 01
(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 deny
request to enroll
in the Veterans Educational
(b), VEAP was closed to new enrollments on 30 June 1985, but reopened
for five months from 28 October 1986 to 31 March 1987.
did not enroll before these deadlines lost their eligibility.
Assistance Program
Members who
(VEAP)
Per reference
r
b.
DD Form 2057 was used to document member's election to enroll
Unfortunately,
or decline enrollment in VEAP.
There was no requirement for
individual counseling or to retain documentation of a member's
election.
the fact that a Department of Defense form
signed in 1981 stating a member can enroll at any time while on active
duty does not override a later act of Congress.
open period and final closure of VEAP was given the widest
dissemination via NAVOP messages,
statement on the Leave and Earnings Statements of
members for several months.
Navy Times articles and by placing a
Notification of the
& active duty
C .
Since this program closed over 14 years ago, it is not
expected that members would remember the specifics of the program or
Now that reference
notification of its closure.
participants to enroll in the Montgomery GI Bill
who never participated are petitioning the Board for waivers to the
law to establish VEAP accounts.
Over 40,000 Sailors are in this
category.
(c) authorizes VEAP
(MGIB) Program, those
Commander, U.S. Navy
Director,
Navy Drug
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)
& Alcohol,
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