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

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 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 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 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 per Title 38 U.S.C. § 3319.  In accordance with Department of Defense Instruction (DoDI) 1341.13, you did not meet the eligibility criteria to transfer education benefits.  Specifically, the policy requires service members to have completed at least 6-years of active duty or Selected Reserve service at the time of election; service in the Individual Ready Reserve (IRR) is not included.  A review of your record indicates you completed 4-years on active duty in the Marine Corps, transferred to the Marine Corps Reserve-IRR for 3-years, 7-months, and 7-days, and discharged on 17 July 2014.  Thereafter, you enlisted in the Navy Reserve on 12 August 2016 for a term of 4-years after 2-years and 28-days break in service.  You obtained the 6-years of qualifying service on 12 August 2018; however, at that time you did not have the required 4-years of obligated service remaining on contract.  Although, your time in the IRR is credible service for the recalculation of your Pay Entry Base Date, it is not qualifying service to transfer Post-9/11 GI Bill education benefits, thereby rendering you ineligible to transfer Post-9/11 GI Bill education benefits to your eligible 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, 
9/14/2021
Deputy Director