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NAVY | BCNR | CY2007 | 02150-07
Original file (02150-07.rtf) Auto-classification: Denied
                  DEPARTMENT OFTHENAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
                  WASHINGTON DC 20370-5100

 MEH
 Docket No. 2150-07
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 considerate 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 NP~ memo 1780 PERS-352G of 11 Apr 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,





Enclosure












DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                             MILLINGTON TN 38055-0000
         
                                                      1780
 PERS-352G
                                                                                                    11 Apr 07



MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS-31C)
         Subj: COMMENTS AND RECOMMENDATIONS ICO
         Ref:     (a)      CNPC memo 5420 PERS—31C of 10 Apr 07
                  (b)      Title 38, United States Code, Chapter 32
                  (c)      Veterans Improvement Act of 1996 (PL 104-275)
                  (d)      Veterans Ben e fits and Health Care Improvement Act of
                           2000 (PL 106—419)
                  (e)      SECNAVINST 5420.193
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 a otment to a VEAP account are considered participants. A review of ‘s record indicates he initially entered active duty (other than for training) on 24 June 1982. records further indicate he did not participate in VEAP before 1 July 1985, or by the end of the VEAP op,en period, 31 March 1987.
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 ~who did not participate in VEAP.
c. We recommend denial of request. He indicates he didn’t receive proper counseling on VEAP. We note this counseling was to have taken place over 20 years ago. It is our opinion th e in did n o t provide substantial evidence of an error or injustice as


For Official Use Only - Privacy Sensitive: Any misuse or unauthorized disclosure may result in both civil and criminal penalties
 Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO


required by reference (e). 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 MGIB Program, would create an inequity to the thousands of other Sailors who also didn’t participate and now have no education benefits.

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