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
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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.
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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...
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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.
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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.
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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)...
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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.
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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
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
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.
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