DEPARTMENT OF THE NAVY
BOARD FOR CORRECTIONOF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
JLP: ecb
Docket No: 6291-03
28 October 2003
Dear
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 28 October 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.
opinion furnished by PERS memorandum 1780 PERS-604 dated 3 October 2003, a copy of
which is attached.
In addition, the Board considered the advisory
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.
the members of the panel will be furnished upon request.
Accordingly, your application has been denied. The names and votes of
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.
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.
Consequently,
Sincerely,
Enclosure
DEPARTMENT OF THE NAVY
NAVY
PERSONNEL
coMh4AND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1780
PERS-604
Ott 03
3
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 12 Sep 03
(b) Title 38, United States Code, Chapter 32
(c) Title 38, United States Code, Chapter 30
(d) Veterans Improvement Act of 1996 (PL 104-275)
(e) Veterans Benefits and Health Care Improvement Act of
2000 (PL 106-419)
(f) Title 10, United States Code, Chapter 1606
1.
The following is provided in response to reference (a):
a.
Recommend denial of
the Montgomery GI Bill (MGIB) Program.
on 19 February 1982, and per reference (b), the education
program available to him was the Veterans Educational Assistance
30 June
VEAP was closed to new enrollments on
-request to enroll in
He entered active duty
(VEAP).
* Program
1985, but reopened for five months from 28 October 1986 to
31 March 1987..
Notification of the open period and final
closure of VEAP was given the widest dissemination.
A review of
record indicates he did not enroll in VEAP before
d deadlines and cannot be enrolled now.
eentered active duty in 1989, per reference (c), he
When
would not have been allowed to enroll in the MGIB Program
because it was not his initial entry onto active duty.
b.
Reference (d) offered MGIB Program enrollment to active
duty members with money in a VEAP account on 9 October 1996
(date of enactment). Per reference (e),
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.
Unfortunately, no provisions were made in references (c) or
(d)
for members like
who did not participate in VEAP.
Since
EAP participant, he was not eligible
for conversion to the MGIB Program.
an individual who was a
C .
Regarding
request for enrollment in the
MGIB-Selected Reserve
(MGIB-SR), per reference (f), one of the
eligibility requirements for the MGIB-SR is members must enlist,
reenlist or extend drill obligation in the SELRES
of not less than 6 years on or after 1 July 1985.
Statement of Service does not reflect a 6
in the SELRES.
Additional information on
reserve
service or eligibility for the MGIB-SR can be obtained from the
Commander, Naval Reserve Force
(N122E).
for a
eriod of service
2.
at (DSN) 882-4259 or (C)
PERS-604's point of contact i
901-874
who can be reached
GI Bill Programs Branch
(PERS-604)
2
NAVY | BCNR | CY2003 | 00094-03
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.
NAVY | BCNR | CY2003 | 01975-03
Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment). As stated above, references (c) and (d) provided opportunities to "VEAP participants" not 'VEAP-era members. could convert VEAP eligibility to states he was never afforded the he learned of a period of time when was not d. Granting the petitioner's request will not guarantee the Department of Veterans Affairs will award VEAP or MGIB Program benefits since...
NAVY | BCNR | CY2003 | 04731-03
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. 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. Reference (c) offered MGIB Program enrollment to active duty servicemembers with money in a VEAP account on 9 October 1996...
NAVY | BCNR | CY2003 | 04755-03
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,...
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.
NAVY | BCNR | CY2001 | 02930-01
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.
NAVY | BCNR | CY2003 | 04703-03
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. Only those members who were eligible to convert to the MGIB Program were notified of the opportunity. 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.
NAVY | BCNR | CY2001 | 06895-01
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. references (c) and (d) for members like EN1 participate in VEAP. A review of enroll in VEAP before the not eligible for VEAP benefits.
NAVY | BCNR | CY2001 | 06390-01
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 4 October 2001, a copy of which is attached. references (c) and (d) for members like Chie participate in VEAP.
NAVY | BCNR | CY2001 | 05574-01
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JLP:ddj Docket No: 2 October 2001 5574-01 This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the I.Jnited States Code, section 1552. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2001. references (c) and (d) for members like...