DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1881-20 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) MARADMIN 421/09 dtd 15 Jul 09 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 2016. 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 , Petitioner’s stepchild was born ( ). d. On 20 August 2001, Petitioner entered active duty. e. On , Petitioner’s child was born ( ). f. On 17 October 2005, Petitioner got married ( ). g. On , Petitioner’s child was born ( ). On , Petitioner’s child was born ( ). On , Petitioner’s child was born ( ). h. In accordance with reference (b) [15 July 2009], this MARADMIN explains transferability policies and the application process. this is a new and complex matter, and therefore, this MARADMIN should be read carefully in its entirety. The Post 9-11 GI Bill is effective 1 August 2009. This bill allows eligible Marines to transfer all, or a portion of, their educational benefits to their dependents. Reference a defines members who are eligible to elect transfer of entitlement to dependents. The earliest date a member may elect to transfer such benefits is 1 August 2009. Transfer eligibility and additional service policies. Per ref b, members of the armed forces who elect to transfer benefits: For those eligible for retirement on 1 August 2009, no additional service is required. Members eligible for retirement on or after 1 August 2012 will require an additional 4-year service agreement. i. On 21 December 2016, Petitioner reenlisted for 4 years with an ECC of 20 December 2020. j. On 18 January 2017, Petitioner’s Post 9-11 GI Bill Transferability of Educational Benefits request for his children was rejected due not having the required obligated service. k. On 6 April 2017, Petitioner signed a 1 month NAVMC 321A (Agreement to extend enlistment) operative on 21 December 2020 with an EAS of 20 January 2021/ECC of 20 December 2020 in order to qualify for transfer of education benefits. l. On 23 April 2020, Petitioner signed a 20 month NAVMC 321A (Agreement to extend enlistment) operative on 21 December 2020 with an EAS of 20 August 2022/ECC of 20 December 2020 in order to obligate service for assignment to MCC 114. m. On 16 June 2020, Petitioner’s Post 9-11 GI Bill Transferability of Educational Benefits request for spouse and children was rejected due not having the required obligated service. 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’s 18 January 2017 TEB application was made within one month of his four-year reenlistment on 21 December 2016. Petitioner attempted to correct his service obligation issues on 6 April 2017, when he agreed to an enlistment extension for the purpose of qualifying for TEB. The Board concluded that had Petitioner received clear guidance in December 2016, he would have completed the process to transfer education benefits to eligible dependents in conjunction with his 4-year service obligation. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer of unused education benefits to /9-months, /9-months, /9-months, and /9-month through the MilConnect TEB portal on 21 December 2016. Commandant of the Marine Corps reviewed the Petitioner’s TEB request and it was approved on 21 December 2016 with a 4-year service obligation end date of 20 December 2020. 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. 6/1/2021 3