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NAVY | BCNR | CY2006 | 00727-06
Original file (00727-06.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY ANNEX
WASHINGTON DC 20370-5100

 SRB
Docket No. 727-06
10 May 06










This is in reference to your application for correction of your naval record pursuant to t e 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 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 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.



W.       DEAN
 Executive Director
Enclosure




DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
         QUANTICO, VIRGINIA 22134-5103   


         IN REPLY REFER TO:
         1560
`       
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR IC~ TION IN THE CASE OF MSGT
          Ref:     (a) PHONCON HQMC MRRV Mr.        /DFAS of 28 Feb 06

 Master Sergeant  states that she was misinformed and denied Pler right to convert from the Veterans Education Assistance Program (VEAP) to the Montgomery GI Bill (MGIB) She was told thor she did not qualify, although she was once enrolled in VEAP.
Master Sergeant  entered active duty on 28 September 1982, which made her eligible for VEAP. The only VEAP era veterans that were allowed to convert to the MGIB program were veterans who had opened and made contributions to their account between 1 January 1977 and 1 April 1987. Per the reference, Master Sergeant opened and made contributions to a VEAP account. However, in order to convert from VEAP to the MGIB program, VEAP participants had to be on active duty during the two open enrollment periods. The first enrollment period started 9 October 1996 and ended 8 October 1997; the second period was from 1 November 2000 through 31 October 2001. Master Sergeant was discharged from active duty and transferred to the Marine Corps Reserve on 1 June 1992; this made her ineligible to convert from VEAP to the MGIB program during the conversion periods.
Based on the information reviewed, this office recommends that Master Sergeant not be given the opportunity to convert to the MGIB program.
My point of contact concerning this matter is at commercial (703) 784-9550 or DSN 278-9550.



By direction

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