DEPARTMENT OF THE NAVY
	BOARD FOR CORRECTION OF NAVAL RECORDS
	            2 NAVY ANNEX
	      WASHINGTON DC 20370-5100

SRB
Docket No. 10331-05
10 May 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 9 May 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 HQMC memorandum 1560 MRRV of 25 January 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 PFIEFFER	
Executive Director
Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
                  3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
				IN REPLY REFER TO’
							1580
							MRRV
							JAN 25 2005

MEMORAIIDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	BCNR APPLICATON IN THE

Ref:	(a) Phoncon btw HQMC MRRV and DFAS on 29 Jan 05

Chief Warrant Officer	states that he does not recall havincj the opportunity to convert from Veterans Edccat ion Assistance Program (VEAP) to the Montqomery 01 Bill (MGIB) program. He is requesting the opportunity to pay $2700 in order to become eligible for MGIB benefits.

Chief Warrant Officer	entered active duty on 13 March 1984, which made him eligible for VEAP. VEAP was a voluntary program available to members who initially entered into active duty between 1 January 1977 and 30 June 1985. The ehrollrnent period to open an account and contribute to VEAP ended on 1 April 1987.

The only VEAP era veterans that were allowed to convert to the MGIB program were veterans who had opened and made contributions to their account between 1 January 1977 and 1 April 1987. Per the reference, Chief Warrant Officer ‘‘ never opened or made contributions to a VEAP account, therefore, is ineligible tc) convert to MOTE benefits.

Based on the information reviewed, this office recommends that Chief Warrant Officer not be given the opportunity to enroll in VEAP or MGIB.

My point of contact concerning this matter is ~ and he can be reached at commercial (703) 784-9550 or DSN 278-9550.

By direction