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NAVY | BCNR | CY2006 | 10432-06
Original file (10432-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                                                                    MEH
                                                                                                    Docket No. 10432-06
                                                                                                    1 May 07




 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 1 May 2007. 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 CMC memo 1560 MRRV of 2 Feb 07, 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. 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 also 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 PFIEFFER
 Executive Director



 Enclosure








DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 221 34-51 03

 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:

         Master states that he was never afforded the opportunity to enroll in the Veterans Education Assistance Program (VEAP) during an open enrollment period from 28 October 1986 to 31 March 1987. He states that this subsequently disallowed him from converting to the MGIB program. He is requesting the opportunity to enroll into the VEAP program.
Master Gunnery Sergeant records indicate he was eligible to participate in VEAP. He acknowledged his eligibility to participate in VEAP by signing DD Form 2057, the Contributory Educational Assistance Program Statement of Understanding form. In an effort to inform those eligible, different notification processes were utilized by the Marine Corps to notify Marines of the open enrollment period. ALMARS 167/84 and 058/85 were released; prospective participants were also notified of the new legislation on their Leave and Earning Statement (LES).
The evidence does not support position that he did not receive information on the opportunity to enroll in VEAP. Therefore, the Lifelong Learning section (MRRV) of the Personal and Family Readiness Division, Headquarters, Marine Corps does not recommend that he be given the opportunity enroll.

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