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
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