From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USN RET, XXX-XX- Ref: (a) Title 10 U.S.C. § 1552 (b) DODI 1341.13 of 31 May 13 (c) BUPERSNOTE 1780 of 14 Sep 15 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 his Post-9/11 GI Bill education benefits to eligible dependents. 2. The Board, consisting of 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 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. In accordance with references (b) and (c), the option to transfer a Service member’s unused education benefits to an eligible dependent required a 4-year additional service obligation for all service members electing to transfer benefits on or after 1 August 2013. However, there was a provision for active duty and Selected Reserve personnel with at least 10 years of service in the Armed Forces on the date of election to serve a lesser obligation if they are precluded from committing to a 4-year service obligation as a result of standard policy (Navy or Department of Defense) or federal statute. Additionally, an individual may not add dependents after retirement or separation from the Armed Forces, but may modify the number of months of the transferred benefits after retirement or separation for those dependents who had received transferred benefits prior to separation or retirement. c. Petitioner’s Active Duty Service Date was 3 January 1990. d. Petitioner submitted TEB application on 10 April 2017. The Service rejected the application on 11 April 2017 indicating, “Service Member has not committed to the required additional service time”. e. On 26 June 2017, a “Transferability of Post-911, MGIB-SR Education Benefits” NAVPERS 1070/613, Administrative Remarks was entered into Petitioner’s ESR. f. Petitioner resubmitted TEB application on 26 June 2017. The Service approved the application on 27 June 2017 with an obligation end date (OED) of 25 June 2021. Subsequently, the Service adjusted the OED to 31 January 2020. g. On 28 February 2019, Petitioner revoked education benefits from his dependent son. h. On 29 February 2020, Petitioner married . ; Defense Enrollment Eligibility Reporting System (DEERS) record reflects . as his stepchild effective the same date. i. Petitioner transferred to the Retired List effective 1 April 2020 as a result of reaching “Maximum Service or Time in Grade”. 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 was approved to transfer Post-9/11 GI Bill education benefits; however, he failed to allocate benefits to his stepchild prior to retiring. The Board determined that given the close proximity of marriage on 29 February 2020, to his retirement on 1 April 2020, Petitioner may have been unable to fulfill the administrative requirements of enrolling his stepchild in DEERS and allocating months of education benefit in the MilConnect TEB portal before transferring to the Retired List. Therefore, under these circumstances, the Board felt, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to . /1-month, through the MilConnect TEB portal on 1 March 2020. Note: Upon the record being updated, Petitioner is authorized to modify the number of months of the transferred benefits before and after retirement in accordance with reference (b). Commander, Navy Personnel Command (PERS-314) shall ensure MilConnect is updated with the approved aforementioned allocations. 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. 6/15/2021 Deputy Director