DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1808-20 Ref: Signature Date 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) DoDI 1341.13 of 31 May 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 that his naval record be corrected to show Petitioner transferred Post-9/11 GI Bill education benefits to his eligible dependents in 2014. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 26 April 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, 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 but specific implementing guidance was not published until summer 2009. c. On 29 May 1999, Petitioner was commissioned and entered active duty as an Ensign in the active U.S. Naval Reserve. d. On 9 December 2005, Petitioner was discharged due to intradepartmental transfer. e. On 4 February 2008, Petitioner got married (). f. On , Petitioner’s child ( ) was born. On 10 March 2011, Petitioner’s child ( ) was born. g. In accordance with reference (b), Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she meets one of these conditions: Has at least 6 years of service in the Military Services (active duty or Selected Reserve), NOAA Corps, or PHS on the date of approval and agrees to serve 4 additional years in the Military Services, NOAA Corps, or PHS from the date of election. When a member is or becomes retirement eligible during the period from 1 August 2009, through 31 July 2012, and agrees to serve the additional period, if any, specified in subparagraphs 3.a.(3)(a) through 3.a.(3)(d) of this enclosure. A Service member is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed pursuant to section 12732 of Reference (c). This subparagraph will no longer be in effect on August 1, 2013, and on or after that date all members must comply with subparagraphs 3.a.(1) or 3.a.(2) of this enclosure to be eligible for transfer of unused education benefits to family members. h. On 8 July 2014, Petitioner’s Post 9-11 GI Bill Transferability of Educational Benefits request for spouse and children was rejected due to Petitioner not committing to the required additional service time. i. On 10 July 2014, Petitioner signed a NAVPERS 1070/613 (Administrative Remarks) and agreed to complete 4 more years in the Armed Forces from the date request for Transferability of Post 9/11. j. On 8 January 2020, Petitioner’s Post 9-11 GI Bill Transferability of Educational Benefits request for spouse and children was approved with an obligated service of 7 January 2024. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that Petitioner did not have the requisite NAVPERS 1070/613 reflected in his service record at the time of his TEB request in 8 July 2014. The Board found that in light of his signed NAVPERS 1070/613 on 10 July 2014, Petitioner’s request to backdate his TEB approval should be granted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /34-months, /1-month, and /1-month through the MilConnect TEB portal on 8 July 2014. Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB request and it was approved on 8 July 2014 with a 4-year service obligation end date of 7 July 2018. 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. 5/30/2021 3