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

Docket No. 4225-20
Ref:  Signature Date 
 
 
Dear Mr. ,  
 
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 4 August 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 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 Marine Corps Administration (MARADMIN) message 704/13, released on 31 December 2013, and published Marine Corps guidance for the transfer of Post 9/11 GI Bill education benefits.  MARADMIN 704/13 outlined eligibility, processing, service obligation, and reference information germane to transferring education benefits to eligible dependents.  Specifically, the message stipulates two of the basic criterion for Transferability eligibility is to have served 6-years in the Armed Forces (active and or Selected Reserve) and agree to serve four additional years in the Armed Forces from the date of election.  Pursuant to Title 38 U.S.C. Chapter 33, Armed Forces does not include service in the Individual Ready Reserve (IRR).  A review of your record indicates you had 5-years, 1-month, and 17-days of time-in-service on the day you gained your only qualified dependent; thereafter, you had 10-months and 15-days of obligated service remaining until your transfer to the IRR on 7 February 2017, 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, 

9/7/2021
Deputy Director