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NAVY | BCNR | CY2007 | 10552-07
Original file (10552-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100


 MEH
 Docket No. 10552-07
22 Jan 08

         Dear    


This is in reference to your application for correction of your naval record pursuant to the provisions of 10 U SC 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 January 2008. 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 memo 1780 PERS-352G of 10 Jan 08, 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.

                                                                                 W. DEAN PFEIFFER
                                                                                 Executive Director





 Enclosure

DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                             MILLINGTON TN 38055-0000


                                             1780
                                                                                                    PERS—352G
                                                                                                   10 Jan 08

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Via:     Assistant for BCNR Matters (PERS—31C)
Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO

         Ref:     (a)      CNPC memo 5420 PERS-3lC of 9 Jan 08
                   (b)      Veterans Benefits and Health Care
         Improvement Act of 2000 (PL 106—419)
                           (c)      CNO WASHINGTON DC 031700Z May 01(NAVADMIN
105/01)
1. The following is provided in response to reference (a)
a.       Per reference (b), an individual who was a Veterans Educational Assistance Program (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 Montgomery GI Bill (MGIB) Program. Opportunity for eligible personnel to convert ended 31 October 2001.
b.       Following enactment of reference (b), Navy attempted widest dissemination of the opportunity for eligible personnel to convert to the MGIB Program. This included NAVADMIN 105/01 (reference (c)), notification on all Leave and Earnings Statements from January through May 2001 with final notice in September 2001 and individual letters.
c.       Recommend denial of request for conversion from VEAP to MGIB Program. By federal law, the deadline to convert was 31 October 2001. There was no provision in the law allowing conversions after the legislated deadline for any reason; i.e., due to lack of counseling or notification, unique geographic assignment or duty workload or transitioning from active duty to retirement. Beginning in January 2001, notification was LES. A notification letter was sent to using the Unit Identification Code on record at that time with the Defense Manpower Data Center. If
 d id not receive his letter from PERS-352G, there was
 enough other publicity and notification provided in ample time for him to contact PERS-352 about his eligibility before the legislated deadline. Innumerable members who did not receive a letter contacted PERS—352G or their personnel offices to verify their eligibility and once their eligibility was confirmed, they were enrolled.
                           d.       Since is a VEAP participant and did not convert to the MGIB Program, he retains VEAP as his educational benefit program. can contact the Department of Veterans Affairs (1-888-442-4551) to determine if he has funds in his VEAP account at this time or if he used any/all VEAP entitlement.
2. PERS—352G’s point of contact is Mr. who can be reached at (DSN) 882—4258 or (C) 901—874—4258.


Head, GI Bill Programs Section
(PERS—352G)






















2

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