Search Decisions

Decision Text

NAVY | BCNR | CY2003 | 06294-03
Original file (06294-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

JLP: ecb
Docket No: 6294-03
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,
Your allegations of error and injustice were
considered your application on 28 October 2003.
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 2 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. 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.
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,

Executive 

Direc

Enclosure

DEPARTMENT OF THE NAV
PERSONNEL  COMMAN

NAVY 

5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000

Y

D

1780
PERS-604
Ott 03
2 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Via 

:

Assistant for BCNR Matters (PERS-OOZCB

)

Ref:

Encl:

( 4
lb )

CNPC memo 5420 PERS-OOZCB of 12 Sep 03
Title 38, United States Code, Chapter

32

(1)
(2)
(3)

DD Form 214 of 23 Jan 83
Dee 86

f 10 
Checklist (DD Form 2648)
of 23 Jul 01

1.

The following is provided in response to reference (a):

a.

31 M

request to pay into
istance  Program  

Recommend denial of
(enroll in) the Veterans Edu
VEAP closed to new enrollments on
by the DD Form 2057 included with
her decision not to
duty in March 1979.
open period from 28 October 1986 through 31 March 1987.
15 of
s DD Forms 214 dated 23 January 1983 and
10 December 1986 (enclosures (1) and (2)) also documents she did
not participate in VEAP.

(VEAP).
7.
As documented
petition, it was
ntry onto active

did not enroll in VEAP during   the

Block

b.

asked the personnel officer
to receive benefits that she
Members elect enrollment

It is unclear why
if she was able to only pay
"earned" for education through VEAP.
and pay into federal e
not "earned."
Even if
the maximum contribution
have the opportunity to "pay back into"
cannot pay
into an account she never established.
should have
known she didn't enroll in VEAP since  
(1) she had her DD Form
2057 which reflected the decision not to enroll, (2) she never
contributed money to a VEAP account, and (3) her previous

nefit programs; benefits are
had
P participant,
0.
feels she should

is

Subj

DD Forms 214 reflected no VEAP participation.

Due to

the personnel office probably presumed

ng factors,
knew she couldn't e
These factors are

.

contribute to VEAP at
rating (Navy

Counselor); she waived preseparation counseling, which included
education benefits (enclosure (3));
and her previous DD Forms
214 reflected no VEAP participation.

C .

It is also unclear whether

thinks she lost
01 after retiring

eligibility for her benefits on 1
from active duty, or if she means she was not counseled when
VEAP closed to new enrollments.
eligibility on 1 November 2001,
when she did not enroll at her final opportunity, which was
during the open enrollment period.
expected that
16 years ago; however,
dissemination.

would remember any counseling given over
closure of VEAP was given the widest

If the second, it is not

If the first,
she actually lost eligibility

she did not lose

PERS-604's point of contact   is Ms.

2.
reached at (DSN) 882-4260 or (C) 901-8

who can be

Activities and

GI Bill Programs Branch
(PERS-604)

2



Similar Decisions

  • NAVY | BCNR | CY2003 | 04731-03

    Original file (04731-03.rtf) Auto-classification: Denied

    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 | CY2001 | 06227-01

    Original file (06227-01.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 Docket No: 6227-01 30 October 2001 This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the IJnited States Code, section 1552. Consequently, to keep in mind 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. Members...

  • NAVY | BCNR | CY2001 | 07937-01

    Original file (07937-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2002. In addition, the Board considered the advisory opinion furnished by NPC memorandu~n 1780 Pers 604 of l l January 2002, a copy of which is attached. c. Reference (c) offered MGIB Program enrollment to active duty members with money in a VEAP account on 9 October 1996 (date of enactment).

  • NAVY | BCNR | CY2001 | 03905-01

    Original file (03905-01.pdf) Auto-classification: Denied

    opinion furnished by NPC memorandum 1780 Pers 604 of 5 July 2001, a copy of which is attached. 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. Since, of his DD Form 2057 by contributing a s recommend denial of 'was not able to provide a complete copy indicating he attempted to enroll in VEAP per month from his pay, we @quest to be enrolled in VEAP.

  • NAVY | BCNR | CY2001 | 05458-01

    Original file (05458-01.pdf) Auto-classification: Denied

    Recommend the Board deny HMCS Suyat's request to enroll Per entered the VEAP was available to members who in the Veterans Educational Assistance Program (VEAP). references (c) and (d) for members like HMCS Suyat who did not participate in VEAP. DD Form 2057 was used to document member's election to In some cases, members The DD Form 2057 submitted by enroll-or decline enrollment in VEAP.

  • NAVY | BCNR | CY2001 | 05959-01

    Original file (05959-01.pdf) Auto-classification: Denied

    It was closed to new enrollments on 30 June 1985, Members who did not enroll before these deadlines Program (VEAP). references (c) and participate in VEAP. DD Form 2057 was used to document member's election to In some cases, members enroll or decline enrollment in VEAP.

  • NAVY | BCNR | CY2001 | 03021-01

    Original file (03021-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 August 2001. 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 In addition, the Board considered the advisory applicable statutes,...

  • NAVY | BCNR | CY2001 | 04904-01

    Original file (04904-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2001. The following is provided in response to reference (a): Recommend the Board deny GSMC request to enroll VEAP was available to members who entered the tfe Veterans Educational Assistance Program (VEAP). he is not eligible to enroll in the MGIB Program per reference (d).

  • NAVY | BCNR | CY2002 | 07162-01

    Original file (07162-01.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD’FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JLP:ddj Docket No: 7 162-01 5 February 2002 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. Your allegations of error and injustice A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on were reviewed in accordance...

  • NAVY | BCNR | CY2001 | 03841-01

    Original file (03841-01.pdf) Auto-classification: Denied

    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. 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. b. DD Form 2057 was used to document member's election to There was no requirement In some cases, enroll or decline...