DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
JLP : ddj
Docket No: 6969092
3 December 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.
december 2002.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session,
considered your application on 3
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 memorandum 7220 Pers 822 of 1 November 2002, a copy of which
attached.
-
is
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
HEADQUARTERS UNITED STATES MARINE
Y
CORk’$
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 221 34-5103
IN REPLY REFER TO:
1040
MRV
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
ON IN THE CASE OF
c
Major
1 .
1979.
for service members who first entered active duty between 1 January
1977 and 30 June 1985.
The Veterans Education Assistance Program
entered active duty in the Marine Corps 29 May
(VEAP) was available
Major
2.
has used 31 months and 3 days of his Chapter 32
information was provided by the Department of Veterans Affairs.
records indicate he made VEAP contributions and
(VEAP) benefits. This
states that he should be afforded the opportunity
There were two open
Benefit program.
in MGIB Educational
3.
Major
to enroll
enrollments for VEAP era participants to enroll in MGIB.
enrollment period started 9
second period was from 1 Nov 2000 through 31
enrollment period stipulated that the member had
continuous active duty from 9
Major
not have been eligible for the second conversion
participated in the first conversion.
etting out of the Marine Corps
Ott 1996 and ended 8
Ott 1996 through 1
Ott
The first
Ott 1997 and the
2001.
The second
to have served on
Apr 2000.
Due to
31 Jan 2000 he would
but could have
should have been notified by his administrative
ALMAR
053/97 provided the guidelines for the
4.
Major
section of his eligibility for the
provisions that would allow Major
into MGIB,
stipulated in Public Law 104-275 Section 106.
he would have had to enroll
while
first conversion,
There are currently no
he opportunity to enroll
on active duty as
Based on the information that has been provided,
5.
recommends that no change be made to Major
record.
this office
permanent
point of contact concernin
at COMM: (703) 784-9644 or
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