DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 2992-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USN, XXX-XX- Ref: (a) Title 10 U.S.C. § 1552 (b) Title 38 U.S.C. § 3319 (c) DTM 09-003 dtd 22 Jun 09 (d) NAVADMIN 203/09 Encl: (1) DD Form 149 w/attachments (2) Member Data Summary (3) NAVPERS 1070/613 dtd 25 Feb 10 (4) BEAST Screenshot 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, reviewed Petitioner’s allegations of error and injustice on 19 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 enclosures (1) through (4), relevant portions of Petitioner’s naval records, 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. In accordance with references (b) and (c), the ability to transfer Post-9/11 GI Bill education benefits to eligible dependents is a recruiting and retention tool that became effective 1 August 2009. Members of the uniformed services are required to have served 6-years of Active Duty and or Selected Reserve service in the Armed Forces and enter into an agreement to serve at least four additional years of obligated service or the years of service as determined in regulation, from the time of election approval. b. Pursuant to references (b) and (c), reference (d), promulgated outlining the criteria to transfer Post-9/11 GI Bill education benefits. Specifically, 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, all officers were required to have a NAVPERS 1070/613, Administrative Remarks, prepared by their command in the Navy Standard Integrated Personnel System Electronic Service Record (ESR), agreeing to serve the required additional years of service prior to initiating their electronic transfer election. 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’s Active Duty Service Date is 5 March 1994. See enclosure (2). d. On 25 February 2010 “Additional Service Obligation for Transfer of Post 9/11 GI Bill Benefits” NAVPERS 1070/613, Administrative Remarks was entered into Petitioner’s ESR. See enclosure (3). e. Petitioner submitted Transfer of Education Benefits (TEB) application on 17 June 2019, The Service approved the TEB application with an obligation end date of 16 June 2023. See enclosure (4). MARJORITY CONCLUSION Upon review and consideration of all the evidence of record, the Board majority concluded Petitioner’s request warrants favorable corrective action. In this regard, the Board majority determined 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 as outlined in reference (d). The Board majority noted, Petitioner may have lacked understanding of the necessary steps to complete the TEB process because in February 2010, the program was in its beginning stage. Although Petitioner did not complete the proper administrative requirements in a timely manner, he served over 11-years since completing the NAVPERS 1070/613, Administrative Remarks acknowledging his obligation, thereby meeting the spirit and intent of references (b). Therefore, the Board majority felt that under these circumstances, relief is warranted. MAJORITY RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /9-months, /9-months and /9-months through the MilConnect TEB portal on 25 February 2010. Note: On 17 June 2019, Petitioner transferred unused education benefits to /9-months. Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner’s TEB request and it was approved on 25 February 2010 with a 4-year obligation. MINORITY CONCLUSION In reaching his conclusion, the minority member determined that the Navy Transferability of Post-9/11 GI Bill policy clearly outlined the requirements and procedures to transfer education benefits and Petitioner signed the NAVPERS 1070/613, Administrative Remarks, thereby appearing to be aware of the process; therefore, relief was not warranted. MINORITY RECOMMENDATION That Petitioner’s request be denied. 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. The foregoing action of the Board is submitted for your review and action. 5/17/2021 Executive Director Assistant General Counsel (Manpower and Reserve Affairs) Reviewed and Approved Majority Board Recommendation (Grant Relief) Review and Approved Minority Board Recommendation (Deny Relief) 6/15/2021 Assistant General Counsel (M&RA)