Docket No. 3449-20
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 3 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 (BUPERSNOTE) 1780 promulgated on 7 April 2010 with various updates prior to your discharge.  These policies outlined eligibility, processing, service obligation, and reference information germane to transferring education benefits to eligible dependents.  Generally, to be eligible for the Post-9/11 GI Bill, individuals must serve on qualifying active duty on or after 11 September 2001 for an aggregate period ranging from 90-days to 36-months or more.  Service members must have served 6-years in the active component or Selected Reserve and agree to serve four additional years of service from the date of election.  Completion of Annual Training orders is not qualifying active duty service per Directive-Type Memorandum (DTM) 09-003 and service in the Individual Ready Reserve (IRR) is not included in accordance with Department of Defense Instruction 1341.13.  Additionally, per BUPERSNOTE 1780, 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 rejected, members were required to take corrective action and reapply with a new service obligation end date.  
 
A review of your record indicates you submitted Transfer of Education Benefits (TEB) application on 16 March 2010.  The application was rejected because your ESR did not contained the required NAVPERS 1070/613, Administrative Remarks.  Moreover, you had not completed an aggregate of 90-days of qualifying active duty service.  On 29 January 2015, the “Post 9/11 GI Bill Eligibility (Officers)” NAVPERS 1070/613, Administrative Remarks was entered into your ESR, but there is no evidence of you resubmitting a TEB application and you transferred to the IRR on 17 October 2015, thereby rendering you ineligible to transfer Post-9/11 GI Bill education benefits.  
 
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,
 
7/2/2021

Deputy Director