From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO XXX XX USMC  
 
Ref:   (a) Title 10 U.S.C. § 1552 
 (b) MARADMIN 704/13 
(c) Title 38 U.S.C. Chp 33   
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
 
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, consisting of  reviewed Petitioner’s allegations of error and injustice on 25 June 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 the enclosures, relevant portions of Petitioner’s naval record, 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.  The Post-9/11 Veterans Educational Assistance Act (Post-9/11 GI Bill, Public Law 110-252) was signed into law on 30 June 2008 and became effective on 1 August 2009.  The bill provides financial support for education and housing for service members with at least 90 days of service on or after 11 September 2001.  The act also includes provision for qualifying service members to transfer education benefits to their eligible dependents.  General descriptions of the essential components of the law were widely available beginning in summer 2008 but specific implementing guidance was not published until summer 2009. 
 
     b.  Reference (b), provides the procedures to transfer education benefits (TEB) and specifies 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.  Marine have 60 days from the TEB application date to incur the required 4-year obligated service or the TEB request will be rejected.  Additionally, the policy indicates approval of TEB request should not be assumed and directs Marines to periodically check the status of their TEB application.  If request to TEB is rejected, Marines are required to take corrective action and reapply. 
 
     c.  Petitioner’s Armed Forces Active Duty Base date is 7 September 1996.   
        
     d.  On 22 May 2018, Petitioner reenlisted for a term of 3-years.   
 
     e.  Petitioner submitted TEB applications on 6 February 2019,  and 1 July 2019.  The Service rejected both application indicating, “Service Member has not committed to the required additional service time”.   
 
     f.  Petitioner submitted TEB application on 1 May 2020 with 1-year remaining on contract.  As of 2 June 2020, the application was still pending Service adjudication. 
  
     g.  On 21 August 2020, Petitioner reenlisted for a period of 3 years and extended contract for  
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner met the basic eligibility criteria to transfer Post-9/11 GI Bill benefits to his eligible dependent, but failed to complete the process as outlined in reference (b).  Although Petitioner did not complete the proper administrative requirements, the Board determined his initial TEB application and continued active duty service since the inception of the TEB program in August 2009 met the spirit and intent of reference (c); therefore, under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner reenlisted for a term of “4-years” vice “3-years” on 22 May 2018. 
 
Petitioner elected to transfer unused education benefits to /18-months and  /18-months through the MilConnect TEB portal on 22 May 2018.  
  
Petitioner, in coordination with his command completed the required Statement of Understanding on 22 May 2018, and submitted it to Commandant of the Marine Corps (CMC) for inclusion in the Petitioner’s Official Military Personnel File. 
 
CMC reviewed Petitioner’s TEB application and it was approved on 22 May 2018 with a 4-year obligation. 
 
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
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.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy. 
 
7/22/2021

Deputy Director