DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
JLP:yri
Docket No: 66
9 July 2002
17-O
I
Naval Records, sitting in
executiv
e
of
2002.
atllllinistrativc regulations
Clorrection
on
9 July
three-member panel of the
A
Roxrtl for
session, considered your application
were reviewed in accordance
proceedings of this Board.
application, together with
applicable statutes,
opinion
attached.
I)octriiient;‘it-y
all
regulations
NI’(?
nu(erial
and
r~~er~~or-antl~11~1
f~~rnishetl by
\4:itli
politics.
Your allegations of error and injustice
and procedures applicable to the
rnalc~rinl considered by the Board consisted of
your
your naval record and
sublnittCd
in
support thereof,
I II addition, the Board considered the advisory
l’l:liS-604
copy of which is
of‘ 3 June 2002, a
17SO
After careful and conscientious consideration
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
the members of the
of the entire record, the Board found that the
been denied. The names and votes of
panel will
he furnished
upon request.
circtlrnst;mces of your
that favorable action cannot be taken.
It is regretted that the
You are entitled to have the Board reconsider its decision upon submission of new and material
considrrcti by the Board. In this regard, it is important
evidence or other matter not
presulnption of regularity attaches to all official records. Consequently,
to keep in mind that a
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.
previously
such
cast
arc
Sincerely
,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE
5720 INTEGRITY DRIVE
NAVY PERSONNEL COMMAND
MILLINGTON TN 38055-0000
NAV Y
178 0
PERS-604
3 Jun 02
OF
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
NAVAL RECORDS
Via:
Subj:
Ref:
Assistant for BCNR Matters
(PERS-OOZCB)
(a) CNPC memo 5420 PERS-OOZCB of 16 May 02
United States Code, Chapter 32
(b) Title 38,
United States Code, Chapter 34
(c) Title 38,
1.
The following
is provided in response to reference (a):
a.
programs-is- determined by the member's initial
duty other than for training.
The program
when he entered active duty (other than
ember 1977 was the Veterans Educational
Recommend
in an educational
education benefit
entry onto active
available to
for training)
Assistance Program
to members who entered the military for the first time between
1 January 1977 and 30 June 1985.
enrollments on 30 June 1985,
28 October 1986 to 31 March 1987.
before these deadlines lost their eligibility.
not enroll in VEAP upon entry to active duty nor during the
period and is not entitled to enrollment now.
but reopened for five months from
It was closed to new
Members who
Per reference
(b), VEAP was available
011
did
open
(VEAP).
b.
states he was told if he enlisted before
would receive the education benefit program
We cannot comment on what he was or was
The education program available prior to
1 Janua
available at that time.
not told at that time.
1 January 1977 was the Vietnam Era GI Bill (VEGIB)
reference
under the Delayed Enlistment Program prior to
be eligible for the VEGIB Program, they must have:
(c), in order for members like
Per
Program.
who enlisted
1 January 1977 to
(1) Served 181 or more days of active duty for training
which began after 31 January 1955 and before 1 January
(ACDUTRA),
1977,
and then later
(2) Served on active duty for at least 12 continuous
months.
Subi:
REOUEST FOR COMMENTS AND RECOMMENDATIONS ICO
---
FWWF
-‘^’
is less than
ACTDUTRA was 5 months and 23 days which
and it did not begin prior to
181 days,
-.^-*&&.%__..
Therefore,
was not eligible for the
1 January 1977.
VEGIB Program.
C .
and did not p
in either of these programs.
was not eligible for the VEGIB Program
n VEAP,
he is not entitled to enrollment
2.
reached at
PERS-604's point of contact is
Ms.,
(DSN) 882-4260 or
(C) 901-874-4260.
who can be
Federal Education Programs
Branch (PERS-604)
2
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 October 2002. 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. opening a VEAP account prior to the legislated deadlines, he is not eligible for VEAP benefits or conversion to the Montgomery GI Bill (MGIB) Program.
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 J LP: yrj Docket No: X083-0 9 July 2002 1 panel A three-member session, considered your were reviewed in proceedings of‘ this Board. application, together with all applicable statutes. regulations opinion furnished NI’C attached.
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