DEPARTMENT OF THE NAVY
				BOARD FOR CORRECTION OF NAVAL RECORDS 
					       2 NAVY ANNEX
WASHINGTON DC 20370-5100
										JLP: ddj
											Docket No: 94-03
											18 March 2003

	    Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 March 2003. 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 604 of 18 February 2003, 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-604 
											18 Feb 03

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Via:	Assistant for BCNR Matters (PERS-OOZCB)

Subj:	REQUEST F COMMENTS AND RECOMMENDATIONS ICO’
	Ref:	(a)	CNPC memo 5420 PERS-OOZCB of 7 Feb 03
		(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. Recommend denial of SKC XXXX request to enroll in the Veterans Educational Assistance Program (VEAP) and convert to the Montgomery GI Bill (MGIB) Program. Per reference (b), 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.

b.	Reference (c) offered 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 XXX  who did not participate in VEAP.
	
c.	A review of XXXX record indicates he did not enroll in VEAP before the legislated deadlines and, therefore, is not eligible for VEAP benefits. Additionally, since XXX was not a VEAP participant, he was not eligible for conversion to the MGIB Program. Granting the petitioner’s

Subj:	REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO

request will not guarantee the Department of Veterans Affairs will award VEAP or MGIB Program benefits since they know the applicant did not establish a VEAP account before 1 March 1987.

2.	  PERS-604’s point of contact is PNC XXX who can be reached at (DSN) 882-4259 or (C) 901-874-4259.

	Head, Retired Activities and
GI Bill Programs Branch
(PERS -604)

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