DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
JLP:ecb
Docket No: 4703-03
29 July 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 29 July 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 PERS memorandum 1780 PERS-604 of 1 July 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 applicalio~~ has b c u denied. The namcs and voles 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,
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1780
PERS-604
1 Jul 03
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via :
Assistant for BCNR Matters (PERS-OOZCB)
Ref:
(a) CNPC memo 5420 PERS-OOZCB of 25 Jun 03
(b) Veterans Improvement Act of 1996 (PL 104-275)
(c) Veterans Benefits and Health Care Improvement Act of
2000 (PL 106-419)
(d) CNO WASHINGTON DC 031700Z May Ol(NAVADM1N 105/01)
(e) Title 38, United States Code, Chapter 32
1. The following is provided in response to reference (a):
a. Recommend denial of
request to convert from
the Veterans Educational Assistance Program (VEAP) to the
Montgomery GI Bill (MGIB) Program. He did not meet the
eligibility requirements of reference (b) and did not make an
election when afforded the opportunity by reference (c).
b. Reference (b) offered MGIB Program enrollment to active
duty members with money in a VEAP acqount on 9 October 1996
(date of enactment). Review 0f-v~~~
reflects he received a refund of his contributions on
18 Ju
date.
9 October 1996 which made him ineligible to - convert to the MGIB
Program under Public Law 104-275. -is
correct when he
stated he was not notified of this conversion opportunity by
PERS-604. Only those members who were eligible to convert to
the MGIB Program were notified of the opportunity.
id not recontribute to his account after that
VEAP account had a zero balance on
account record
c. Per reference (c), 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. The
deadline to convert was 31 October 2001. Following enactment of
r e f c ~ - r , n r c (c) , N a v y attemptcd w i d e s t dissemination of the
opportunity for eligible personnel to convert to the MGIB
Subj : REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Program. This included NAVADMIN 105/01 (reference (d) ) ,
notification on all Leave and ~arnings Statements from January
through May 2001 with final notice in September 2001 and
individual letters. -notification
to him at UIC 62102 in April 2001. 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. 1f-didn't
PERS-604, the notifications on his LES' were provided in ample
time for him to contact PERS-604 or his personnel office about
eligibility before the legislated deadline.
receive the letter from
d. Since
is a VEAP participant and did not
convert to the MGIB Program, he retains VEAP as his educational
benefit program. Per reference (e) , while
active duty, he can contribute up to $2,700 to his VEAP account.
is on
2. PERS-604's point of contact is M s . w w h o can be
reached at (DSN) 882-4260 or (C) 901-874-4260.
Head, &tired 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.
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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 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,...
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It was closed to new enrollments on 30 June 1985, Members who did not enroll before these deadlines Program (VEAP). references (c) and participate in VEAP. DD Form 2057 was used to document member's election to In some cases, members enroll or decline enrollment in VEAP.
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Recommend the Board deny - 's request to enroll VEAP was available to members who entered the thae Veterans Educational Assistance Program (VEAP). Reference (c) offered Montgomery GI Bill (MGIB) Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment). (d) for members like AM1 Unfortunately, no pro Per reference (d), an s were made in who did not ’ ’ C. DD Form 2057 was used to document member's election to Unfortunately, In some cases,...
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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. 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. The following is provided in response to reference (a): Recommend the Board deny Veterans Educational Assistance Program Per (b),...
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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).
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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.
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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.