Docket No. 2366-20
Ref: Signature Date


  
Dear 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 29 March 2021.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies.   
 
You requested to establish eligibility to transfer Post-9/11 education benefits to eligible dependents.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that Navy Administration (NAVADMIN) message 187/09, released on 26 June 2009 and NAVADMIN 203/09, released on 11 July 2009, published Navy guidance implementing the transfer of Post 9/11 GI Bill education benefits.  Subsequently, Bureau of Naval Personnel Notice 1780 promulgated on 7 April 2010 with various updates prior to your retirement.  These policies outlined eligibility, processing, service obligation, and reference information germane to transferring education benefits to eligible dependents.  Specifically, the aforementioned policies required a 4-year additional service obligation at the time of election for those eligible to retire on or after 1 August 2012.  Moreover, the abovementioned policies indicate if the transferor fails to complete the additional service obligation, the right to transfer education benefits is forfeited.  A review of your record indicates you signed the “Post-911 GI Bill” NAVPERS, 1070/613, Administrative Remarks on 6 April 2016 acknowledging a 4-year obligation from the time of election.  Thereafter, you were approved to transfer education benefits on 7 April 2016 with an obligation end date of 6 April 2020.  However, you voluntarily transferred to the Retired List effective 1 March 2020, thereby losing your ability to transfer Post-9/11 GI Bill education benefits.
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
Sincerely,