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) MCO 1560.25 of 01 Sep 10 
       (c) MRA MP msg 291158Z Jul 11 
       (d) MRA MP msg 3111723Z Dec 13 
 
Encl:  (1) DD Form 149 w/attachments 
       (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (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 , 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 summer 2009. 
 
     c.  In accordance with reference (b), the option to transfer a service member’s unused education benefits to an eligible dependent requires at least 6 years of active duty and/or Selected Reserve (SELRES) service, and an agreement to serve at least four more years of active duty and/or Selected Reserve service. 
 
     d.  Petitioner contends he had eight (8) years of active service left when he requested transfer of education benefits (TEB) on the Post-9/11 GI Bill.  He asserts he had reenlisted prior to the four (4) years, and the obligation end date was reset to the subsequent enlistment.  He further asserts that, when he submitted for early retirement (by 10 months), he was told that his benefits would be available. 
 
     e.  On January 7, 2010, Petitioner reenlisted in the United States Marine Corps for four (4) years. 
 
     f.  On April 5, 2013, Petitioner reenlisted in the United States Marine Corps for four (4) years. 
 
     g.  On July 17, 2013, Petitioner submited TEB request via MilConnect. 
 
     h.  On September 16, 2013, Petitioner’s TEB request is rejected due to “Service member has not committed to the required additional service.” 
 
     i.  On September 27, 2013, Petitioner submits second TEB request via MilConnect. 
 
     j.  On December 30, 2013, Petitioner’s TEB request is rejected due to “Service member has not committed to the required additional service.” 
 
     k.  On July 31, 2015, Petitioner is transferred to Fleet Marine Corps Reserve with 19 years and 16 days active service. 
 
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 reference (b) through (d).  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 /1-month,   /1-month and /1-month through the MilConnect TEB portal on January 6, 2010. 
 
The Manpower and Reserve Affairs, Military Policy Branch reviewed the Petitioner’s TEB request and it was approved on January 7, 2010 with an obligation end date of January 6, 2014. 
 
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.