Docket No. 4685-19
Ref: Signature Date

MR 
 
 
Dear Mr.,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 8 September 2020.  The names and votes of the members of the panel will be furnished upon request.  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, relevant portions of your naval record and applicable statutes, regulations and policies.    
 
You requested to establish eligibility to use education benefits.  The Board, in its review of relevant portions of your naval record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded you do not meet the eligibility criteria to receive education benefits under the Veterans Education Assistance Program (VEAP) in accordance with BUPERSINT 1780.1 (series).  Specifically, the policy indicates service members must have established eligibility by completing DD Form 2057, Contributory Educational Assistance Program Statement of Understanding and contributed to their VEAP account either by allotment or lump sum payment while on active duty.  A review of your record indicates that you completed DD Form 2057, Contributory Educational Assistance Program Statement of Understanding on 17 November 1983; however, there is no evidence, nor did you provide proof of making an allotment or lump sum payment, thereby rendering you ineligible for VEAP. 
 
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 matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,