From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO XXX XX USMC RET Ref: (a) Title 10 U.S.C. § 1552 (b) MARADMIN 704/13 (c) Title 38 U.S.C. § 3319 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 eligible dependents. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 29 March 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, the policy authorized an adjusted obligation for Marines that were restricted from committing to the 4-year additional service obligation, provided the Marine agreed to serve the maximum amount of time allowed by policy or statute. c. Petitioner’s Armed Forces Active Duty Base date was 27 December 2000. d. Petitioner reenlisted on 7 January 2014 for a term of 2-years. e. Petitioner submitted Transfer of Education Benefits (TEB) application on 17 June 2015. On 26 August 2015, the Service rejected the application indicating Petitioner “has not committed to the required additional service time”. f. Petitioner signed Post/911 Educational Benefits Transferability Commitment and Statement of Understanding on 18 June 2015, acknowledging 4-years of additional service obligation. g. Petitioner reenlisted on 29 September 2015 for a term of 4-years. h. Petitioner submitted second TEB application on 24 July 2018. The Service rejected the application the same day, indicating Petitioner “has not committed to the required additional service time”. i. Petitioner reenlisted on 4 January 2019 for a term of 3-years. j. Petitioner submitted final TEB application on 5 March 2019. The Service approved the application with an obligation end date of 4 March 2023. k. On 9 April 2019, Petitioner signed NAVMC 321A, Agreement to Extend his 4 January 2019 reenlistment for a term of 15-months “for sufficient obligated service for transfer of education benefits”. l. On 19 February 2020, Petitioner placed on first limited duty (LIMDU) status with a proposed end date of 19 August 2020. m. On 4 March 2020, Petitioner was notified by Headquarters Marine Corps (HQMC) Enlisted Retention Branch (MMEA-1) of the consequences of retiring prior to completing TEB obligation. Petitioner provided HQMC (MME-1) with his LIMDU status and desire to retired without a Medical Board. On 10 March 2020, HQMC (MMEA-1) notified Petitioner that LIMDU status did not qualify as a medical separation; therefore, did not meet the provisions for an adjusted obligation, n. Petitioner transferred to the Fleet Marine Corps Reserve effective 1 February 2021. 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 met the basic eligibility criteria to transfer Post-9/11 GI Bill education benefits to eligible dependents; however, failed to complete the administrative requirements per reference (b). The Board noted Petitioner’s record provides sufficient evidence reflecting his intent to transfer education benefits. Petitioner completed over 5-years of service after submitting his initial TEB application on 17 June 2015, before retiring on 1 February 2021, thereby meeting the spirit and intent of the additional service obligation outlined in references (b) and (c). Additionally, the Board felt Petitioner’s medical diagnosis influenced his decision to retire after reaching 20 years of service; 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 months and months through the MilConnect TEB portal on 29 September 2015. Petitioner, in coordination with his command completed the required Statement of Understanding on 29 September 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 29 September 2015, with a 4-year service obligation. 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. 4/30/2021 Deputy Director