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NAVY | BCNR | CY2003 | 01975-03
Original file (01975-03.pdf) Auto-classification: Denied
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) 



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