Search Decisions

Decision Text

NAVY | BCNR | CY2003 | 06434-03
Original file (06434-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  CORRECTION  OF  NAVAL  RECORDS 

2  N A V Y A N N E X  

WASHINGTON  D C   2 0 3 7 0 - 5 1 0 0  

JLP:ecb 
Docket No:  6434-03 
15 October 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  15 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.  In  addition, the Board  considered the advisory 
opinion furnished by  PERS  memorandum  1780 PERS-604 dated 26 August 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.  Awdingly, your dppli~ation has b u l l  JuLA.  The names and  volts 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.  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 OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON T N  38055-0000 

1780 
PERS-604 
26 Aug 03 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Via:  Assistant for BCNR Matters  (PERS-OOZCB) 

Ref:  (a) CNPC memo 5420 PERS-OOZCB of 21 Aug 03 

(b) *veterans Improvement Act of 1996 (PL 104-275) 
(c) Veterans Benefits and Health Care Improvement Act of 

2000  (PL 106-419) 

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

(d) CNO WASHINGTON DC 0317002 May Ol(NAVADM1N 105/01) 
(e) Title 38, United States Code, Chapter 32 

(date of enactment). - VEAP record reflects he did 

not have money in his VEAP account and was not eligible to 
convert to the MGIB Program during this conversion period. 
s i n c e o w a s  not eligible, he would not have been 
notified of the conversion opportunity. 

a.  Reference (b) offered Montgomery GI Bill  (MGIB) Program 

enrollment to active duty members with money in a Veterans 
Educational Assistance Program (VEAP) account on 9 October 1996 

b.  Per reference (c) ,  an iridividual who was a 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. 
Opportunity for eligible personnel to convert ended 31 October 
2001.  Following enactment of reference (c), Navy attempted 
widest dissemination of the opportunity for eligible personnel 
to convert to the MGIB Program.  This included NAVADMIN 105/01 
(reference (d)), notification on all Leave and Earnings 
Statements from January through May 2001 with final notice in 
September 2001 and individual letters. 

c.  Recommend denial of- 

request for conversion 

from VEAP to MGIB Program.  He was not eligible during the first 
opportunity.  For the second opportunity, by federal law, the 

convert was 31 October 2001.  A notification letter 

at the UIC on record at that time with 
Manpower Data Center  (64122). Many eligibles did 

deadline to 
was sent to 
the Defense 
not receive their letter from PERS-604; some were due to change 
of duty stations, some were marked "undeliverable" and some were 
apparently not delivered for unknown reasons.  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.  Innumerable members who did not 
receive a letter contacted PERS-604 or their personnel offices 
to verify their eligibility and once their eligibility was 
confirmed, they were enrolled.  Lack of notification of the 
conversion opportunity does not constitute a right to convert 
after the legislated deadline. 

- 

d.  since- 

.  . 

is a VEAP participant and did not 

convert to the MGIB Program, he retains VEAP as his educational 
benefit program.  Per reference (e) , while- 
active duty, he can contribute up to $2,700 to his VEAP account. 

is on 

2.  PERS-604's point of contact is Mr.-who 
be reached at  (DSN) 

or  ( C )  v. 

can 

- 

6 

a k d c t i v i t i e s  
GI Bill Programs Branch 
(PERS-604) 

and 



Similar Decisions

  • NAVY | BCNR | CY2003 | 04703-03

    Original file (04703-03.pdf) Auto-classification: Denied

    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 | CY2003 | 01975-03

    Original file (01975-03.pdf) Auto-classification: Denied

    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 | CY2001 | 06390-01

    Original file (06390-01.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. 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 | 02930-01

    Original file (02930-01.pdf) Auto-classification: Denied

    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 | CY2001 | 04627-00

    Original file (04627-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2000. were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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. Reference (b) allowed Veterans Educational Assistance Program (VEAP)...

  • NAVY | BCNR | CY2001 | 06899-01

    Original file (06899-01.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 In addition, the Board considered the advisory opinion furnished by attached. It was closed to new enrollments on 30 June 1985, Members who did not enroll before these deadlines request to enroll (VEAP). who did not references participate in VEAP.

  • 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 | CY2003 | 00094-03

    Original file (00094-03.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. 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 | CY2001 | 01599-01

    Original file (01599-01.doc) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 May 2001. 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. Unfortunately, no provisions were made in references (c) and (d) for members like who did not participate in VEAP.

  • NAVY | BCNR | CY2007 | 10552-07

    Original file (10552-07.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by NPC memo 1780 PERS-352G of 10 Jan 08, a copy of which is attached.After careful and conscientious consideration of the entire record, a majority of the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...