DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2531-20 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 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. 2. The Board, consisting of Mr. Mr. , and Ms. , 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 17 August 1984, Petitioner was commissioned and entered active duty with date of original entry of 22 February 1984. d. On 14 May 1996, Petitioner got married. e. On , Petitioner’s child ( ) was born. On , Petitioner’s ) was born. On , Petitioner’s child ) was born. f.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. Service members who do not require an additional service obligation to transfer benefits, should go to https://www.dmdc.osd.mil/teb to complete the on-line application. This includes service members with existing agreements that will cover the required service obligation. g. On 30 September 2013, Petitioner retired after having sufficient service for retirement. h. 16 April 2020, Benefits for Education Administrative Services Tool listed no Post 9/11 transfer requests. 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 at the time of the implementation of the Post-9/11 Veterans Educational Assistance Act, Petitioner was eligible for retirement and did not require additional service in conjunction with a request for transfer of education benefits. The Board concluded that although there is no evidence that Petitioner completed the requisite administrative steps to transfer his educational benefits to his dependents, he is eligible and should be allowed to do so. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer of unused education benefits to /1-months, /34-months, and /1-month through the MilConnect TEB portal on 1 August 2009. Commandant of the Marine Corps reviewed the Petitioner’s TEB request and it was approved on 1 August 2009 with no 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. 6/1/2021 Deputy Director