Docket No 3419-20 
 

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 10 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 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 in accordance with Title 38 U.S.C. § 3319.  Pursuant to this law, members of the uniformed services are required to have served 6-years of Active Duty and or Selected Reserve (SELRES) service in the Armed Forces and enter into an agreement to serve at least four additional years of obligated service from the time of election approval.  However, in accordance with Department of Defense (DOD) Instruction 1341.13 (31 May 2013), if a service member was precluded by standard policy (Service or DOD) or statute from completing the 4-year obligation, and agreed to serve the maximum amount of time allowed by such policy or statute, their obligation end date would be adjusted to align with that time.  Additionally, the aforementioned policy indicates 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 requested to transfer education benefits on 16 April 2014 and was approved with an obligation end date of 29 March 2018.  Subsequently, you voluntarily transferred to the Fleet Marine Corps Reserve effective 1 July 2016, prior to completing your service obligation, 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