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NAVY | BCNR | CY2003 | 06007-03
Original file (06007-03.pdf) Auto-classification: Denied
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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