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) DTM 09-003 (c) MARADMIN 062/15 (d) SNCO Selection Board History 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 that his 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 28 January 2021 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. 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 but specific implementing guidance was not published until summer 2009. b. In accordance with reference (b), the option to transfer a Service member’s unused education benefits to an eligible dependent required a 4-year additional service obligation at the time of election for those eligible to retire on or after 1 August 2012. However, there were provisions in the policy that indicated if a member with 10-years of service was prohibited from completing their service obligation as a result of Service or Department of Defense policy, or federal statute, the obligation would be adjusted to the maximum amount of time allowed by that policy or statute. c. Reference (c) indicates, Marines who previously elected to transfer Post 9/11 GI Bill benefits were eligible for Temporary Early Retirement Authority (TERA) with no effect on transferred benefits. This waiver of obligated service for Post 9/11 GI Bill benefits transfer is only applicable to force shaping separations. Marines may not transfer Post-9/11 benefits after requesting TERA. d. Petitioner reenlisted on 31 January 2012 for a term of 4-years. e. Petitioner submitted Transfer of Education Benefits (TEB) application on 16 September 2014. The Service disapproved request on 7 April 2015 stating Petitioner did not commit to the required additional service time. f. Petitioner resubmitted TEB application on 2 December 2015 . g. Petitioner reenlisted on 15 January 2016 for a term of 4-years. h. On 17 February 2016, the Service approved Petitioner’s TEB application with a 2 December 2019 obligation end date. i. Per reference (d), Petitioner was below zone promotion board eligible in April 2016 and was not selected for promotion. Petitioner was in zone promotion board eligible in April 2017 and was not selected for promotion. j. Petitioner transferred to the Fleet Marine Corps Reserve (FMCR) via TERA effective 1 May 2018. CONCLUSION Upon review and consideration of all the evidence of record, 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 to his dependents. However, because Petitioner was not selected for promotion, he was authorized to transfer to FMCR via the TERA program. The Board determined Petitioner met the criteria for an adjusted obligation in accordance with references (b) and (c) and therefore, under these circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /24-months and /1-month, through the MilConnect Transferability of Education Benefits (TEB) portal on 2 December 2015. Petitioner, in coordination with his command completed the required Statement of Understanding on 2 December 2015 and submitted it to Commandant of the Marine Corps (CMC) for inclusion in the Petitioner’s Official Military Personnel File. CMC reviewed Petitioner’s TEB application, and it was approved on 2 December 2015 with an obligation end date of 30 April 2018 to align with his transfer to FMCR. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that a 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.