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NAVY | BCNR | CY2003 | 04731-03
Original file (04731-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100       
                 JLP:ddj
Docket No: 4731-03
         26 August 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 26 August 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 23 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 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. 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 OE THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000


 1780
PERS-604
 23 Jul 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
 Ref:     (a)      CNPC memo 5420 PERS-OOZCB of 16 Jul 03
         (b)      Title 38, United States Code, Chapter 32
         (c)      Veteran Improvement Act of 1996 (PL 104-275)

 1.       The following is provided in response to reference (a)
         
         a.       Recommend denial of ‘request to enroll in Veterans Educational Assistance Program (VEAP) with conversion to the Montgomery GI Bill (MGIB) Program. Per reference (b), the educational benefit program available to servicemembers entering active duty for the first time from 1 January 1977 through 30 June 1985 was VEAP. VEAP was closed to new enrollments on 30 June 1985, but reopened for five months from 28 October 1986 to 31 March 1987. Servicemembers who did not enroll before these deadlines lost their eligibility.
b.       DD Form 2057, Contributory Educational Assistance Program Statement of Understanding, was used to document a servicemember’s decision to enroll or decline enrollment in VEAP. If a member elected to enroll, they indicated a monthly amount they would contribute for VEAP. To complete their enrollment and participate in VEAP, the member had to go to their disbursing office and start an allotment to a VEAP account. Only members who had a VEAP account are considered participants.
c.       Reference (c) offered MGIB Program enrollment to active duty servicemembers with money in a VEAP account on 9 October 1996 (date of enactment). Those who converted from VEAP to the MGIB Program contributed $1,200 for enrollment.
d.       The petitioner contends he had a $100 monthly pay deduction going into his VEAP account and had to withdraw his money due to a hardship, but his record does not reflect his participation.
         
         e.       A review of “record indicates he did not complete his enroll me in VEAP by establishing a VEAP account before the legislated deadlines and cannot be enrolled now. Additionally, since was not a VEAP participant, he was not eligible for conversion to the MGIB Program. 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 is who can be reached at (DSN) 882-4259 or (C) 901-874-4259.




         Head Retired Activities and
 GI Bill Programs Branch
(PERS-604)
2

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