DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USN, Ref: (a) 10 U.S.C. § 1552 (b) NAVADMIN 203/09 (c) NAVADMIN 236/18 (d) 38 U.S.C. Chp. 33 Encl: (1) DD Form 149 w/attachment (2) Member Data Summary (3) BEAST Service Member History (4) NSIPS Administrative Remarks Screenshot (5) NAVPERS 1070/613, Administrative Remarks 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 reviewed Petitioner’s allegations of error and injustice on 3 May 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 Act 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. In accordance with reference (b), 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 for those eligible to retire on or after 1 August 2012. Additionally, 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 via the MilConnect Transfer of Education Benefits (TEB) portal. Furthermore, the policy directed members to periodically check the status of their application. If the request was disapproved, members were required to take corrective action and reapply with a new service obligation end date. c. Reference (c), updated the TEB process by establishing an online, self-service Statement of Understanding that replaced the NAVPERS 1070/613, Administrative Remarks effective 1 October 2018. d. Petitioner’s Active Duty Service Date is 4 May 1993. See enclosure (2). e. Petitioner submitted TEB application on 24 March 2010. The Service rejected the application on 25 March 2010 indicating, “Service Member has not committed to the required additional service time.” See enclosure (3). f. On 26 May 2011, a “4 Year Service Obligation for Transfer of Post 9-11 GI-Bill Benefits” NAVPERS 1070/613, Administrative Remarks was entered into Petitioner’s ESR. See enclosures (4) and (5). g. Petitioner resubmitted TEB application on 23 March 2020. The Service rejected the application on 26 March 2020 indicating, “Service Member has not committed to the required additional service time.” See enclosure (3). h. Petitioner reported to the Naval Academy for duty with a projected rotation date of 1 July 2023. Additionally, Petitioner has failed selection to the next higher grade. See enclosure (2). BOARD CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that Navy Transferability of Post-9/11 GI Bill policies clearly outlined the requirements and procedures to transfer education benefits; therefore, relief is not warranted. BOARD RECOMMENDATION That Petitioner’s request for correction to his record be denied, and that no corrective action be taken. EXECUTIVE DIRECTOR CONCLUSION The Executive Director concurred that references (b) and (c) define the requirements for members to transfer their education benefits. However, the Executive Director disagreed with the Board’s recommendation that no corrective action be taken. In this regard, the Executive Director noted that Petitioner met the basic eligibility criteria to transfer his Post-9/11 GI Bill education benefits, and he attempted to complete the process of transferring the benefits to his eligible dependents but failed to complete the administrative requirements. Petitioner also continues to serve - over 10 years after his initial request - thus meeting the spirit and intent of the 4-year additional service obligation outlined in reference (d). In view of the above, the Executive Director recommends the following corrective action. EXECUTIVE DIRECTOR RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /1-month, /5-months, /. /5-month, /5-months and /5-months through the MilConnect TEB portal on 26 May 2011. Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB application, and it was approved on 26 May 2011 with a 4-year service obligation. Petitioner allocated unused education benefits through the MilConnect TEB portal to /5-months on 1 October 2012 and /4-months on 18 May 2015. 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. The foregoing action of the Board is submitted for your review and action. 6/14/2021 Executive Director Assistant General Counsel (Manpower and Reserve Affairs) Review and Approved Executive Director Recommendation (Grant Relief) 7/14/2021 Assistant General Counsel (M&RA) Signed by: