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

Docket No. 3650-20
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 30 June 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 your dependents.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, 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.  You did not meet the eligibility requirements to transfer education benefits in accordance with Department of Defense Instruction 1341.13.  Specifically, the policy indicates an individual may not add family members after retirement, but may modify the number of months of the transferred entitlement or revoke transfer of entitlement after retirement for those family members who have received transferred benefits prior to retirement.  A review of your record indicates that at the time of your 31 December 2013 transfer to the Retired List, you did not have any dependents.  Subsequently, you were married on 6 July 2018 and your son was born on 27 December 2018, thereby rendering you ineligible to transfer Post-9/11 GI Bill education benefits to your newly acquired dependents in accordance with the aforementioned policy.   
 
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, 

7/23/2021
Deputy Director