DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SRB
Docket No. 4694-06
4 Oct 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
3 October 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 NPC memorandum 1780 Pers
675 of 30 June 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. ,
Enclosure
DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1780
PERS-675
30 Jun 06
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS-31C)
Subj: REQUEST FOR COMMENTS AND RECOMMENDATIONS i
Ref: (a) CNPC memo 5420 PERS-31C of 26 Jun 06
(b) Title 38, United States Code, Chapter 32
{c) Veterans Improvement Act of 1996 (PL 104-275)
(d) Veterans Benefits and Health Care improvement Act of
2000 (PL 106-419)
1. The following is provided in response to reference (a):
a. 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. It was closed to new
enrollments on 30 June 1985, but reopened for five months from
28 October 1986 to 31 March 1987. Notification of the open period and
final closure of VEAP was given the widest dissemination. Only those
members who elected to enroll in VEAP and had their disbursing office
start an allotment to a VEAP account are considered participants. A
review of, anlar record indicates he initially ente ed tive
duty (other tharb for training) on 14 November 1984. Be an
records further indicate he did not participate in VEAP before 1 July
1985, or by the end of the VEAP open, period, 31 March 1987. Since
these were legislated deadlines ,« P should not be allowed to
participate now.
b. Reference (c) offered the Montgomery GI Bill (MGIB) Program
enrollment to active duty members with money in a VEAP account on
9 October 1996 (date of enactment). 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.
Unfortunately, no provisions were made in references (c) or (d) for
members like RATS, wo did not participate in VEAP.
c. We recommend denial of WOQIG@INIMMae. request. HT1 Smith
indicates he didn't receive proper counseling on VEAP and there is no
documentation in his field service record to indicate he was afforded
the opportunity to elect or decline enrollment VEAP. We note this
counseling was to have taken place over 20 years ago and he has
submitted no evidence that he tried to remedy the miscounseling
Subj:
in the interim years. For veterans and members like de Wh
entered during VEAP era and were not eligible for MGIB Program
enrollment, we would not expect to find a GI Bill program document in
their service record. This does not mean the individual was not
afforded the opportunity to enroll VEAP, but rather a matter of
service record maintenance. It is extremely rare to find a
Contributory Educational Assistance Program Statement of Understanding
for VEAP (DD Form 2057) in a member's service record. This is because
throughout the years of a member's career, usually prior to each
reenlistment, the service record is reviewed and documents purged.
While the DD Form 2057 should have been retained, historically, it was
most often among the purged documents. Normally, if a VEAP-era member
or veteran produces their DD Form 2057, it's because they kept a copy
in their own personal files. To determine if an individual is a VEAP
participant, we check a Defense Finance and Accounting Service (DFAS)
system for a Navy VEAP account. We can also check with the Department
of Veterans Affairs for record of all VEAP accounts, regardless of
branch of service.
d. VEAP was never a very popular program, and it is only now when
members/veterans are nearing retirement or considering further
education that they are requesting enrollment in VEAP with conversion
to the more beneficial MGIB Program. Although we believe all who have
served on active duty deserve quality education benefits, allowing
those who didn't participate in VEAP before the legislated deadlines
to enroll now, with or without subsequent enrollment in the MCIB
Program, would create an inequity to the thousands of other Sailors
who also didn't participate and now have no education benefits.
2. PERS-675G's point of contact is PSC Miller who can be reached at
(DSN) 882-4259 or (C) 901-874-4259.
Ch aT S Saat
A. T. SCHMITT
Head, GI Bill Programs Section
(PERS-675G)
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