DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 3298-20 
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 17 May 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 GI Bill 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.  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 several updates thereafter.  These policies outlined eligibility, processing, service obligation, and reference information germane to transferring education benefits to eligible dependents before retiring.  Specifically, the aforementioned policies required a 4-year additional service obligation in the active component or in the Selected Reserve (SELRES) for those eligible to retire on or after 1 August 2012.  Service in the Individual Ready Reserve (IRR) is not included in accordance with Directive-Type Memorandum (DTM) 09-003.  Additionally, DTM 09-003 specifies that if a member fails to complete their additional service obligation on active duty or in SELRES, they forfeit the ability to transfer education benefits.  A review of your record indicates you signed the “Post 911 GI Bill Transfer to Dependents” NAVPERS, 1070/613, Administrative Remarks on 5 November 2009 acknowledging a 4-year obligation in SELRES from the time of election.  On 7 December 2009, you were approved to transfer education benefits with an obligation end date of 7 December 2013.  According to your Voluntary Training Unit (VTU) orders dated 7 January 2011, you requested transfer to the Intelligence VTU because you were no longer able to travel to Norfolk for drill; the orders were effective 1 January 2011.  The VTU is a subset of the IRR, thereby losing your ability to transfer Post-9/11 GI Bill education benefits.  

The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
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, 
6/17/2021 
Deputy Director