Search Decisions

Decision Text

NAVY | BCNR | CY2005 | 10363-05
Original file (10363-05.rtf) Auto-classification: Denied
         DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX
         WASHINGTON DC 20370-5100



 SRB
Docket No. 10363-05
10 May 06









This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. 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 HQMC memorandum 1560 MRRV of 9 February 2006, 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. 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. 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,

W.       DEAN PFEIFFER
Executive Director
Enclosure




DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
                                                      IN REPLY REFER TO:
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OP NAVAL RECORDS
Subj: BCNR APPLICATION IN THE CASE OF
Ref:     (a) PHONCON HQMC MRRV    /DFAS of 7 Feb 06
states that at the time he was offered s elect or decline the Montgomery GI Bill (MGIB), it was never explained nor emphasized that this was a “one time” otter arid hji de~jrrldt±or would be permanent for the rest of his career. He is requesting a change to his permanent record reflecting his election at the MGr~ benefits.
o        entered active duty on 8 June 1981, which made him eligible for Veterans Educational Assistance Program (‘lEAP) . VEAP was a voluntary program available to members who initially entered into’ active duty between 1 January 1977 and 30 June 1985. The enrollment period to open an account and contribute to VEA~ ended on 1 AprIl 1987.
The only VEAP era veterans that were allowed to convert to ttie MOlE program were veterans who had opened and made contributions to their account between 1 January 1977 and 1 April 1587. Per the reference, Colonel never opened or made contri~utj,~~5 to a VEAP account, therefore, was not eligible to participate in the MCIV program.
Based on the information reviewed, this office recommends that Colonel not be given the Opportunity to participate in the MGIB program.

My point of contact concerning this matter is
at commercial (703) 784-9550 or DSN 278—955o,

Similar Decisions

  • NAVY | BCNR | CY2005 | 10331-05

    Original file (10331-05.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. 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...

  • NAVY | BCNR | CY2006 | 00727-06

    Original file (00727-06.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. In addition, the Board considered the advisory opinion furnished by HQMC memorandum 1560 of 2 March 2006, 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...

  • NAVY | BCNR | CY2008 | 06010-08

    Original file (06010-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 September 2008. 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. VEAP era Service members were allowed to convert and contribute to the MGIB program during two conversion periods in 1996 and 2001, if they opened and made contributions to...

  • NAVY | BCNR | CY2005 | 07003-05

    Original file (07003-05.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. 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...

  • NAVY | BCNR | CY2006 | 00759-06

    Original file (00759-06.rtf) Auto-classification: Denied

    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.SincerelyW. He had from the time he completed the DD Form 2057 until Congress closed VEAP to new enrollments for the last time on 31 March 1987 to start an allotment and become a participant. Although we believe all who have served on active duty deserve quality education benefits, allowing those who didn’t participate...

  • NAVY | BCNR | CY2005 | 09043-05

    Original file (09043-05.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 May 2006. 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. Per reference (b), the Veterans Educational Assistance Program (VEAP) was available to members who entered the military for the first time between 1 January 1977 and 30 June 1985.

  • NAVY | BCNR | CY2006 | 00644-06

    Original file (00644-06.rtf) Auto-classification: Denied

    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,W. For veterans and members like who entered during VEAP era and were not eligible for MGIB Program enrollment, we would not expect to find a CI Bill program document in their service record. If the member didn’t elect to enroll in VEAP initially, they had a second opportunity during the VEAP open enrollment...

  • AF | BCMR | CY2006 | BC-2006-01839

    Original file (BC-2006-01839.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01839 INDEX CODE: 100.00 xxxxxxxxxxxxxxxxxx COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 18 December 2007 ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show that he elected to participate in the Veteran’s Education Assistance Program (VEAP), contributed $2,700.00 in the program, and...

  • NAVY | BCNR | CY2006 | 04694-06

    Original file (04694-06.pdf) Auto-classification: Denied

    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. Per reference (d), an individual 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. For veterans and members like de Wh entered during VEAP era and were not eligible for MGIB...

  • NAVY | BCNR | CY2007 | 10843-07

    Original file (10843-07.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by NPC memo 1780 PER5-352G of 23 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...