DEPARTMENT OF THE NAVY
B O A R D FOR C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 20370-5100
JLP:ecb
Docket No: 6007-03
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 15 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 vuks of
the members of the panel will be furnished upon request.
It is regretted that the circumstaInces 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 O F THE NAVY
NAVY PCRIONNEL COMMAND
S7PO IrsTe-lrY DRIVE
MIU-IMTON TN mOtjti.0000
MZMORANWIM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via:
Assistant for BCNR Matters (PERS-OOZCB)
1780
PERS-604
15 J u l 03
Ref:
(a) CWNAVPERSCQM (PERS-OOZCB) email of I1 Jul 03
(b) Title 38, United States Code, Chapter 34
(c) Post-Vietnam Era Veterane' Educational Assistance
A C ~ of 1977 (Public Law 94-502)
(d) Title 38, Uhited States,Code, Chapter 30
b. -requests
The following is provided in response to reference (a):
a. A review of-master
record indicates he
enlisted in the Navy on 10 Member 1976 and entered active duty
initially on 15 February 1977 under the Delayed Enlistment
Program (DEP) .
- DDEP date was prior to 1 January 1977, hie federal
education benefit program was the VEOIB Program.
record requires no correction since he was
Program benefits. Opportunity to use those benefits ended
31 December 1989, and that cannot be changed. Per references (c)
and (dl, the Department of Veterans ~f fairs ( W A ) cunnot make
payments under the VEGIB Program for training pursued aftex
31 December 1989.
entitlement to Vietnam Era OX Bill (VKGIB) Program benefits- NO
Board action is required. Per reference (b), because
his record be changed to indicate
C .
-state6
he w a s on active duty and was not
Program.
advised he was losing his entitlement to the -1B
Referance ( c ) estublished the euc-eff&te fSer payment of WGIB
Program benefits. Since reference (c) was passed in 1976, we do
not know if there was a requireaent to inform those eligible of a
cut-off date. It is highly unlikely Navy did not publicize this
information to Sailors some time betweon 1976 and 1989. A t this
time, it's a moot point since MIA cannot make payments under the
VEOIB Program for training pursued after 31 D e
1989.
c
e
d. Per referenae (d), VEQIB Program eligibles meeting either
of the following requirements are automatically converted the
Montgomery GI Bill (MGIB) Program:
(1) As of 31 December 1989, had remaining entitlement to
VEOXB Program benefits and served on active duty at any time
during the period beginning on 19 October 1984 and ending on
1 July 1985, continued on active duty without a break in service
from 1 July 1985 through 30 June 1988 (or 30 June 1987 followed
by four years in the Selected Reserve after release from active
duty).
( 2 ) ~s of 31 December 1989, had remaining entitlement to
VEGIB Program benefits and was not on active duty on
19 October 1984, and reenlists or reenters on a period o f active
duty after 19 October 1984 and on or after 1 July 1985 serres at
least three years of continuous active duty.
record reflects he served on tive duty
through 23 April 1986. &
fromei5
reentered active duty on 7 April 1987 and ~erved continuously
through 31 March 2003. Since w
19 October 1984, but did not serve continuously through
30 June 1988, he is not eligible for the automatic conversion to
the MGIB Program. This was due t o his 11-month break in service.
on active duty on
a
s
. a
f. The requirements stated in paragraph ld(2) above were
established by the Veterans Education and ~enefits -ion
of 2001 (Public Law 107-103). It did not affect-
since he was on active duty On 19 October 1984. Although this
law helped many who were previously ineligible for the automatic
who don ' t
conversion to the WIB Program, those like
meet the stated criteria still are not
benefits.
Program. Under the current laws, - cannot receive
laws setting the date for termination of payment of VE(3IB Program
benefits or regriramts f o r the autamatic conversion to the MGIB
g. W e do not know the. intent o f Congress when passing the
educational assistance under either program.
Act
2 . PERS-604's point of contact is
reached at (DSN) 882-4260 or ( C ) 1
i
C
Heh, FLILN Activities and
OX Bil Programs Branch
(Pm-604)
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