DEPARTMENT OF THE NAVY
BOARD F O R C O R R E C T I O N OF N A V A L R E C O R D S
2 N A V Y A N N E X
WASHINGTON DC 2 0 3 7 0 - 5 1 0 0
JLP: ddj
Docket No: 1975-03
20 May 2003
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 20 May 2003. 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 1780 Pers 604 of 14 April 2003, 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 bein 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. Consequently,
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON T N 38055-0000
1780
PERS-604
14 Apr 03
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
Subj :
REQUEST FOR COMMENTS AND RECOMMENDATIONS
ICO
USN,
Ref:
(a) CNPC memo 5420 PERS-OOZCB of 2 Apr 03
(b) Title 38, United States Code, Chapter 32
(c) Veterans Improvement Act of 1996 (PL 104-275)
(d) Veterans Benefits and Health Care Improvement Act of
2000 (PL 106-419)
1. The following is provided in response to reference (a):
a. Recommend denial of MMCS -equest
to enroll in
the Veterans Educational Assistance Program (VEAP) and convert
to the Montgomery GI Bill (MGIB) Program. Per reference (b),
VEAP was available to members who entered the military for the
first time between 1 January 1977 and 30 June 1985. It was
closed to new enrollments on 30 June 1985, but reopened for five
months from 28 October 1986 to 31 March 1987. Notification of
the open period and final closure of VEAP was given the widest
dissemination. A review of MMCS 1
not enroll in VEAP before the legislated deadlines and,
therefore, is not eligible now. Additionally, since MMCS
was IAVL
to the MGIB Program.
a VEAP participant, he was not eligible for conversion
record indicates he did
-
b. Reference (c) offered MGIB Program enrollment to active
duty members with money in a VEAP account on 9 October 1996
(date of enactment). Per reference (d), an individual who was a
VEAP participant on or before 9 October 1996 and served
continuously from that date through at least 1 April 2000 was
allowed an opportunity to convert from VEAP to the MGIB Program.
Unfortunately, no provisions were made in references (c) or (d)
for members like MMcs-who
did not participate in VEAP.
petition contains some discrepancies.
states the counseling he received upon entry was that
implies he didn't receive any
VEAP was not a good program and offered very little education
assistance.-later
counseling because there was no documentation in his record to
support counseling on VEAP or the MGIB Program. Apparently he
was counseled on VEAP in some fashion if he was informed it
wasn't a good program and had little to offer. Since
entered active duty on 18 November 1982, he wouldn't h-
counseled on the MGIB Program since it didn't exist at that
time. -states
those who were "
the MGIB Program.
opportunity to accept or decline the conversion. -is
incorrect regarding eligibility for conversion. As stated
above, references (c) and (d) provided opportunities to "VEAP
participants" not 'VEAP-era members. 'I-
afforded the opportunity to convert because he was not a VEAP
participant and therefore, not eligible to convert to the MGIB
Program.
" could convert VEAP eligibility to
states he was never afforded the
he learned of a period of time when
was not
d. Granting the petitioner's request will not guarantee the
Department of Veterans Affairs will award VEAP or MGIB Program
benefits since they know the applicant did not establish a VEAP
account before 1 April 1987.
2. PERS-604's point of contact
reached at (DSN) 882-4259 or (C)
.-
~ead,-#etired Activities and
GI Bill Programs Branch
(PERS-604)
NAVY | BCNR | CY2003 | 06434-03
Consequently, 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. Following enactment of reference (c), Navy attempted widest dissemination of the opportunity for eligible personnel to convert to the MGIB Program. Other notification was provided in ample time for members who didn't receive a letter to contact PERS-604 about their eligibility before the legislated deadline.
NAVY | BCNR | CY2003 | 04703-03
In addition, the Board considered the advisory opinion furnished by PERS memorandum 1780 PERS-604 of 1 July 2003, a copy of which is attached. Only those members who were eligible to convert to the MGIB Program were notified of the opportunity. Records indicate letter was mailed transfer date from that UIC was 15 August 2001, which means the letter should have reached his command long before he detached.
NAVY | BCNR | CY2003 | 04755-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2003. Reference (c) provided an opportunity for active duty VEAP participants to enroll in the Montgomery GI ill (MGIB) Program provided they were on active duty and had contributions in a VEAP account on 9 October 1996 (date of enactment). ~eview of his record revealed -was eligible for conversion under reference (c) because he did not a VEAP participant,...
NAVY | BCNR | CY2001 | 02354-01
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and In addition, the Board considered the advisory applicable statutes, regulations and policies. Reference (c) provided the opportunity for active duty VEAP participants to enroll in the Montgomery GI Bill (MGIB) Program provided they in a VEAP account on 9 October 1996 (date of enactment). A review of MSC record indicates he did not...
NAVY | BCNR | CY2001 | 07937-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. In addition, the Board considered the advisory opinion furnished by NPC memorandu~n 1780 Pers 604 of l l January 2002, a copy of which is attached. c. Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment).
NAVY | BCNR | CY2001 | 02930-01
Documentary material considered by the Board consisted of your application, together with all material applicable statutes, regulations BlJPERS opinion furnished by which is attached. Reference (c) offered MGIB Program enrollment to active Per reference (d), duty members with money in a VEAP account on 9 October 1996 (date of enactment). (c) or (d) for members like MS1 VEAP.
NAVY | BCNR | CY2001 | 06390-01
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 4 October 2001, a copy of which is attached. references (c) and (d) for members like Chie participate in VEAP.
NAVY | BCNR | CY2003 | 00094-03
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. Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment) . Additionally, since XXX was not a VEAP participant, he was not eligible for conversion to the MGIB Program.
NAVY | BCNR | CY2001 | 03284-01
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. Reference (c) offered MGIB Program enrollment to active Per reference (d), duty members with money in a VEAP account on 9 October 1996 (date of enactment). (c) or in VEAP.
NAVY | BCNR | CY2003 | 06291-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 October 2003. 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. Reference (d) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment).