DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2552-20 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) BUPERSNOTE 1780 (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 110­252) 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. Additionally, the policy provided the administrative requirements to successfully transfer Post-9/11 GI Bill education benefits to eligible dependents. Specifically, the policy required enlisted Selected Reserve (SELRES) members to have a NAVPERS 1070/613, Administrative Remarks, prepared by their command in the Navy Standard Integrated Personnel System Electronic Service Record (ESR), have sufficient time on contract to meet the additional service requirement and complete/submit electronic transfer election using the Transfer of Education Benefits (TEB) web application. Furthermore, the policy directed members to periodically check the status of their application. If the request was disapproved, members were required to take corrective action and reapply with a new service obligation end date. c. Petitioner reenlisted on 8 January 2012 for a term of 6-years. d. Petitioner submitted Transfer of Education Benefits (TEB) application on 29 January 2013. On 4 February 2013, the Service rejected the application indicating Petitioner “needs to contact Service Representative to resolve status”. e. Petitioner resubmitted TEB application on 6 March 2013. On 7 March 2013, the Service rejected the application indicating Petitioner “has not committed to the required additional service time. f. Petitioner transferred to the Retired Reserve without pay effective 1 January 2018. 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 required administrative requirements per reference (b) prior to submitting his TEB application. Although Petitioner did not complete the required NAVPERS 1070/613, Administrative Remarks, the Board determined Petitioner’s record provides sufficient evidence reflecting his intent to transfer education benefits. Additionally, Petitioner completed over 4-years of service from his TEB application submissions, before retiring on 1 January 2018, thereby meeting the spirit and intent of the additional service obligation outlined in references (b) and (c). Therefore, the Board felt, under these circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner, in coordination with her command completed the required NAVPERS 1070/613, Administrative Remarks on 6 March 2013 and submitted it to Commander, Navy Personnel Command for inclusion in the Petitioner’s Official Military Personnel File. Petitioner elected to transfer unused education benefits to /36-months through the MilConnect TEB portal on 6 March 2013. Commander, Navy Reserve Forces Command (N1) reviewed Petitioner’s TEB application and it was approved on 6 March 2013 with a 4-year obligation end date. 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 3