DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4533-18 OCT 2 9 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. §1552 (b) NAV AD MIN 203/09 Encl: (1) DD Form 149 w/attachments (2) Subject's naval record 1. Pursuant to 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 GI Bill education benefits to his eligible dependents. 2. The Board, consisting of , , and reviewed Petitioner's allegations oferror and injustice on 20 July 2018 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted ofthe enclosures, relevant portions of Petitioner's naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts ofrecord 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 ofthe Navy. b. The Post-9/11 Veterans Educational Assistance Act (Post-9/11 GI Bill, Public Law 110252) was signed into law on 30 June 2008 and became effective on 1 August 2009. The bill provides financial support for education and housing for service members with at least 90 days ofservice 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 ofthe law were widely available beginning in summer 2008 but specific implementing guidance was not published until summer 2009. c. In accordance with reference (b), the option to transfer a service member's unused education benefits to eligible dependents required an additional 4-year service obligation at the time ofelection for those that were eligible for retirement on or after 1 August 2012. d. Petitioner completed the required 4-Year Service Obligation for Transfer of Post-911 GI Bill Benefits NAVPERS 1070/613, Administrative remarks on 21 August 2009 and it was verified in his electronic service record by his Command on 25 August 2009. e. Petitioner submitted a Transfer ofEducation Benefits (TEB) application on 20 April 2011, and on 21 April 2011 was approved with a 4-year service obligation ending 20 April 2015. f. Petitioner completed 20 total years ofactive service on 17 December 2013. g. Petitioner transferred to the Retired List effective 31 March 2015. CONCLUSION Upon review and consideration ofall the evidence ofrecord, the Board finds the existence of an injustice warranting the following corrective action. Petitioner was approved to transfer Post 9/11 GI Bill education benefits; however, he retired 20-days prior to completing his service obligation. Although the proper administrative requirements were not completed by the Petitioner, the Board found that had the Petitioner been given clear counseling from his command regarding transfer ofPost-9/11 GI Bill education benefits service obligation, he would have elected to request transfer to the Retired List after his service obligation end date on 20 April 2015 vice retiring on 1 April 2015. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to his eligible dependents through the MilConnect TEB portal on 25 August 2009 (vice 20 April 2011). Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner's TEB application, and it was approved on 25 August 2009 (vice 21 April 2011) with a four-year obligation. A copy ofthis Report of Proceedings will be filed in Petitioner's naval record. 4. It is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record ofthe Board's proceedings in the above entitled matter . 5. Pursuant to the delegation ofauthority set out in Section 6( e) ofthe revised Procedures of the Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on behalf of the Secretary of the Navy. Executive Director