DEPARTMENT OF THE NAVY
BOARD’FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JLP:ddj
Docket No: 7 162-01
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.
opinion furnished by NPC memorandum 1780 Pers 604 of 13 November 2001, a copy of which
is attached.
In addition, the Board considered the advisory
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
N AVY
PERSONNEL COMMAN
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
NAV Y
D
1780
PERS-604
13 Nov 01
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Assistant for BCNR Matters
(PERS-OOZCB)
Via:
Subj:
Ref:
(a) CNPC memo 5420 PERS-OOZCB of 16
(b) Title 38,
(c) Veterans Benefits
Ott 01
United States Code, Chapter 32
and* Health Care Improvement Act of
2000 (PL 106-419)
1 .
The following is provided
i
ih response to reference (a):
a.
Recommend the Board deny
Per
VEAP was closed to new enrollments on 30 June
the Veterans Educational Assistance Program (VEAP).
reference (b),
1985, but reopened for five months from 28 October
March 1987.
lost their eligibility.
Members who did not enroll before these deadlines
1986 to 31
request to enroll in
There was no requirement
b.
DD Form 2057 was used to document member's election to
In some cases,
enroll or decline enrollment in VEAP.
for individual counseling or to retain documentation of a
members signed their
member's election.
DD Form 2057 indicating they could enroll at any time while on
active duty.
Defense form was signed in 1981 does not override a later act of
Congress.
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 all active duty members for several
months.
the fact that a Department of
Unfortunately,
C .
Since this program closed over 14 years ago, it is not
expected that members would remember the specifics of the program
or notification of its closure.
authorized VEAP participants to enroll in the Montgomery GI Bill
(MGIB) Program,
Board for waivers to the law to establish VEAP accounts.
40,000 Sailors are in this category.
those who never participated are petitioning the
Now that reference (c)
Over
Commander, U.S. Navy
Director,
Navy Drug
Behavioral Health, Federal
Education,
& Partnerships
Division (PERS-60)
& Alcohol,
2
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