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) NAVADMIN 187/09 dtd 26 Jun 09 (c) NAVADMIN 203/09 dtd 11 Jul 09 (d) BUPERSNOTE 1780 (series) (e) OPNAVINST 1780.4 dtd 2 Mar 15 (f) NAVADMIN 170/18 dtd 16 Jul 18 (g) Title 38 U.S.C. § 3319 Encl: (1) DD Form 149 w/attachments (2) Member Data Summary (3) Immediate Reenlistment Contract – 18 Mar13 (4) Contract Information (5) Immediate Reenlistment Contract – 21 Jun 19 (6) BEAST Service Member History 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable 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 6 August 2020 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 (6), 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, 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. References (b) and (c) implemented Navy Transferability policies. These policies encapsulate Transferability eligibility, processing, service obligation and reference information. Thereafter, references (d) and (e) promulgated additional guidance to complete the process of transferring education benefits to eligible dependents. Specifically, the aforementioned references outline the general requirement for members to incur an additional 4-year service obligation at the time of election. Additionally, enlisted personnel were required to have sufficient time on contract to meet the additional service requirement 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. Reference (f) announced changes to the eligibility criteria to Transfer Education Benefits (TEB). One of the criterions is members requesting to TEB must be able to complete 4-years of service from the time of election effective immediately. Provisions to adjust service obligations to the maximum time a member could serve (i.e. high year tenure) expired on 11 July 2019. d. Petitioner’s Active Duty Service Date is 28 May 1999. Petitioner’s current high year tenure is May 2023. See enclosure (2) e. Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on 18 March 2013 for a term of 6-years and subsequently extended the reenlistment for 30-months. See enclosure (3) and (4). f. Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on 21 June 2019 for a term of 4-years. See enclosure (5). g. Petitioner submitted TEB applications on 5 August 2019, 12 August 2019, 4 September 2019 and 16 October 2019. The Service rejected the four applications for not committing to the required additional service time. See enclosure (6). MAJORITY CONCLUSION Upon review and consideration of all the evidence of record, the majority Board members concluded that the Navy Transferability of Post-9/11 GI Bill policies clearly outlined the requirements and procedures to transfer education benefits and as such, relief was not warranted. MAJORITY RECOMMENDATION Petitioner’s request be denied. MINORITY CONCLUSION Upon review and consideration of all the evidence of record, the minority Board member concluded Petitioner’s request warrants favorable corrective action. In this regard, the minority Board member determined the Petitioner met the basic eligibility criteria to transfer Post-9/11 GI Bill education benefits, and attempted to complete the process of transferring the benefits to eligible dependents but failed to do so in a timely manner. Although Petitioner did not complete the proper administrative requirements, the minority Board member felt that under these circumstances, relief is warranted. MINORITY RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /1-month and /1-month, through the MilConnect TEB portal on 18 March 2013. Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner’s TEB application, and it was approved on 18 March 2013 with a 4-year service obligation. EXECUTIVE DIRECTOR CONCLUSION Taking into account the findings of the Board, the Executive Director found that corrective action is warranted in Petitioner’s case, in consideration of reference (g). Reference (g), authorizes the Secretary to permit service members the ability to transfer unused education benefits to their eligible dependents to promote recruitment and retention upon agreeing to serve an additional 4-years of service as a member of the uniformed services. The Executive Director concurred that references (b) though (f), defined the requirements for members to transfer their education benefits. However, the Executive Director disagreed with the Majority Board’s recommendation that no further corrective action be taken. In this regard, the Executive Director agreed with the Minority Board’s recommendation and noted that Petitioner met the basic eligibility criteria to transfer Post-9/11 GI Bill education benefits, and attempted to complete the process of transferring the benefits to eligible dependents but failed to do so in a timely manner. Petitioner continues to serve 11-years after the inception of the ability to TEB; meeting the spirit and intent of the 4-year additional service obligation outlined in references (b) through (g). In view of the above, the Executive Director recommends the following corrective action. EXECUTIVE DIRECTOR RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /1-month and /1-month, through the MilConnect TEB portal on 18 March 2013. Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner’s TEB application, and it was approved on 18 March 2013 with a 4-year service obligation. 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. 10/13/2020 Microsoft Office Signature Line... Assistant General Counsel (Manpower and Reserve Affairs) Reviewed and Approved Executive Director and Minority Board Recommendation (Grant Relief) Microsoft Office Signature Line...