DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 5492-17
MAR 11 2019 

From:    Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 

Subj:   REVIEW OF NAVAL RECORD ICO
 
Ref:     (a) Title 10 U.S.C. §1552 
         (b) MARADMIN 704/ 13 dtd 31 Dec 13 
 
Encl:    (1) DD Form 149 w/attachments 
         (2) HQMC memo 1000 RAP undated 
         (3) Subject's naval record 


I. Pursuant Lo the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish eligibility to transfer Post-9/11 GJ Bill education benefits to his eligible dependents. 

2. The Board, consisting of          , reviewed Petitioner's allegations of error and injustice on 
26 October 2018 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner's naval record, and applicable statutes, regulations and policies. 

3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of 
error and injustice, finds as follows: 

    a. Before applying to this Board, Petitioner exhausted all administrative remedies available 
under existing law and regulations within the Department of the Navy.
 
    b. In correspondence attached as enclosure (2), the office having cognizance over the subject 
matter addressed in Petitioner's application has commented to the effect that the request has 
merit and warrants favorable action. 

    c. The Post-9/11 Veterans Educational Assistance Act (Post-9/11 Gl Bill, Public Law 110-252) 
was signed into law on 30 June 2008 and became effective on l August 2009. The bill provides 
financial support for education and housing for service members with at least 90 days 
of service on or after 11 September 2001. The act also includes provision for qualifying service 
members to transfer education benefits to their eligible dependents.  General descriptions of the 
essential components of the law were widely available beginning in summer 2008 but specific 
implementing guidance was not published until summer 2009. 

     d. In accordance with reference (b), the option to transfer a service member's unused 
education benefits to eligible dependents requires an additional 4-year service obligation at the 
time of election. 

     e. Petitioner reenlisted on 10 January 2014 for 4 years (Reserve End of Current Contract was 
9 January 2018). 

     f. Petitioner got married on 9 April 2016. 

     g. Petitioner submitted a TEB application on 13 June 2016, and it was rejected due to not 
having enough time on contract. 

     h. Petitioner submitted a reenlistment request on 16 June 2016, and it was approved by his 
commanding officer on 18 June 2016. 

     i. Petitioner submitted a TEB application on 6 July 2016, and it was rejected due to not 
having enough time on contract. 

     j. Petitioner's reenlistment request was submitted on 21 July 2016; however, HQMC 
administratively closed request due to not meeting normal perimeters (within 12 months of end 
of current contract). 

     k. Petitioner submitted his final TEB request on 7 February 2017. 

     l. Petitioner's reenlistment request was submitted on 1 March 2017 and it was approved by 
HQMC on 30 March 2017. 

     m. Petitioner reenlisted on 10 April 2017 for 4 years. 

     n. Petitioner's TEB application was approved on 26 April 2017, with an obligation end date 
of 7 February 2021. 

     o. Petitioner's TEB application was approved on 28 April 2017, with an obligation end date 
of 13 June 2020. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the 
contents of enclosure (2), the Board finds the existence of an injustice warranting the following 
corrective action. Although the proper administrative requirements were not completed by 
Petitioner, the Board found that had the Petitioner's Career Planner specified his reenlistment 
request was submitted for purposes ofestablishing required obligated service for eligibility to 
transfer Post-9/11 GI Bill education benefits, his 6 July 2016 TEB application would have been 
approved. 
 
RECOMMENDATION 

That Petitioner's naval record be corrected, where appropriate, to show that: 

The Petitioner was discharged and reenlisted on 5/6 July 2016, vice on or about 9/10 April 2017. 
The term is 4 years. 

Petitioner elected to transfer unused education benefits to his spouse,           /10 months 
through the Mil Connect TEB portal on 6 July 2016. 

Petitioner, in coordination with his command completed the required Statement of 
Understanding on 6 July 2016 and submitted it to Commandant of the Marine Corps (CMC) for 
inclusion in the Petitioner's Official Military Personnel File. 

CMC reviewed the Petitioner's TEB application, and it was approved on 6 July 2016 (vice 
26 April 2017) with a four-year service obligation. Note: CMC shall ensure Defense Manpower 
Data Center (DMDC) and Department of Veterans Affairs receive the aforementioned corrected 
approval date. 

A copy of this Report of Proceedings will be filed in Petitioner's naval record. 

4. lt is certified that quorum was present at the Board's review and deliberations, and that the 
foregoing is a true and complete record of the Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and 
having assured compliance with its provisions, it is hereby announced that the foregoing 
corrective action, taken under the authority of reference (a), has been approved by the Board on 
behalf of the Secretary of the Navy. 
  

Executive Director