DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OFNAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
JLP:ecb
Docket No: 4755-03
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 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 €ha1 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 T N 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) 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. Per reference (b), VEAP was available to members who
entered the military for the first time between 1 January 1977
and 30 June 1985. VEAP participants may contribute a maximum of
$2,700 to their VEAP account. Section 3223 of reference (b)
provides the option for participants to request a refund of
their contributions.
b. 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). Those
who converted at this time were required to pay $1,200 for
enrollment in the MGIB Program.
c. 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.
Opportunity for eligible personnel to convert ended
31 October 2001. Those who converted were required to pay
$2,700 within 18 months from the date of their election.
d. The Board has changed records of Navy personnel, some
who were VEAP participants and some who were not, to reflect
enrollment in the MGIB Program for $1,200. However, we must
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
have money in his VEAP account on 9 October 1996. -
recommend denial of '- request to be enrolled in
the MGIB Program under Public Law 104-275. ~eview of his record
revealed -was
eligible for conversion under reference (c) because he did not
a VEAP participant, but was not
elected to convert to the MGIB Program on 28 September 2001, but
lost eligibility to benefits because he did not pay the $2,700
required by reference (d).
e. We are aware some eligible members did not convert
because of requirement to pay $2,700. We are also aware some
who converted found they could not pay the required $2,700
within 18 months. Members have stated that the requirement to
pay $2,700 for conversion to the MGIB Program creates a
financial hardship and is seen as an inequity when those who
have not served as long can enroll for only $1,200. While we
understand their concerns, we must abide by the law governing
the conversions.
f. -retains
VEAP as his educational benefits
program and may recontribute to his VEAP account any time while
on active duty.
2 . PERS-604 Is point of contact is Ms. -who
reached at (DSN) 882-4260 or ( C ) 90' - Q 7 A - A 3 C n
can be
.-
Head, &tired Activities and
GI Bill Programs Branch
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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 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...
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