From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF   
              
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) CNO msg 110033Z Jul 09 
       (c) BUPERSNOTE 1780 of 14 Sep 15 
 
Encl:  (1) DD Form 149 w/attachments 
 
1.  Pursuant to reference (a) Subject, hereinafter referred to as Petitioner, filed the enclosure with the Board for Correction of Naval Records (Board) requesting, in effect, that the applicable naval record be corrected  to credit four (4) years of time served or be allowed to come back on active duty for 4 days. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on December 6, 2019 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.  The Post-9/11 Veterans Educational Assistance Act (Post-9/11 GI Bill, Public Law 110-252) 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 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, with specific implementing guidance in the summer 2009. 
 
     c.  In accordance with references (b) and (c), the option to transfer a service member’s unused education benefits to an eligible dependent required an additional 4-year service obligation at the time of election for those that were eligible for retirement on or after 1 August 2012. 
 
     d.  Petitioner contends that the error in his record concerning initial application for GI Bill transfer of education benefits (TEB) to his dependents in 2011 was due to only paper forms being available for submission to the unit administrative section.  He asserts that only later in 2015, when checking his account online, did he learn that the transfer request of 2011 was not accepted.  After being informed another request would be required, he reapplied in August 2015.  He further asserts that while he was on terminal leave pending transfer to the Retired List, he noticed that he would be four days shy of fulfilling the 4-year obligation.  He states that his initial GI Bill TEB application (in 2011), though later denied due to an admin error (he was never asked to sign a Page 13 entry), should be sufficient for the purposes of satisfying the 4-year requirement. 
 
     e.  On January 25, 2011 Petitioner submitted a Transfer of Education Benefits (TEB) request via MilConnect, which was denied due to “service member has not committed to the required additional service time”. 
 
     f.  On August 6, 2015, Petitioner submitted a TEB request via MilConnect, which was approved with an obligation end date of August 5, 2019. 
 
     g.  On July 31, 2019, Petitioner was transferred to the Retired List, five (5) days prior to TEB obligation end date. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.  Petitioner met the basic eligibility criteria to transfer Post-9/11 GI Bill education benefits to eligible dependents but he failed to complete the required administrative requirements outlined in references (b) and (c).  However, the Board found Petitioner provided sufficient argument reflecting his intent to transfer his education benefits; therefore, under these circumstances, a measure of relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected to transfer unused education benefits to eligible dependents through the MilConnect TEB portal on “August 1, 2015” vice “August 6, 2015.” 
 
Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB request and it was approved on August 6, 2015, with a 4-year service obligation end date of “July 31, 2019” vice “August 5, 2019.” 
 
A copy of this 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 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.