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NAVY | BCNR | CY2006 | 06633-06
Original file (06633-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SRB
 Docket No. 6633-06
8 Nov 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 7 November 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 PERS352G of 19 September 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
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                                      MILLINGTON TN 38055-0000
                                             1780
                                                                                                    PERS-352G
                                                                                                    19 Sep 06
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via: Assistant for BCNR Matters (PERS—3lC)
Subj:   
        
         Ref:     (a)      CNPC memo 5420 PERS-3lC of 13 Sep 06
                  (b)      Title 38, United States Code, Chapter 32
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 widest dissemination.
b.       DD Form 2057 was used to document a member’s decision whether or not voluntarily participate in VEAP. Members who chose to participate indicated a monthly amount they would contribute to VEAP. However, to become a participant, the member had to have their disbursing office start an allotment to a VEAP account. Only those members who elected to enroll in VEAP and had their disbursing office start an allotment to a VEAP account are considered participants.
c. We recommend denial of request. The DD Form 2057 submitted by the member reflects he would voluntarily participate in VEAP, but he entered no do11ar axjiount for the intended mon thly contribution. A review of record indicates he did not participate in VEAP before 1 July T~5, or by the end of the VEAP open period, 31 March 1987. We note has submitted no evidence that he tried to remedy this situation in nearly 20 years. VEAP was never a very popular program, and it is only now when members/veterans are retiring or considering further education that they are requesting enrollment in VEAP. 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 would create an inequity to the thousands of other Sailors who also didn’t participate and now have no education benefits.
PERS—3520s point of contact is ETl(SS ) who can be reached at    

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