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 USMC RET Ref: (a) Title 10 U.S.C. § 1552 (b) MARADMIN 704/13 (c) Title 38 U.S.C. Chapter 33 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 Post-9/11 GI Bill education benefits to his eligible dependents. 2. The Board, consisting of , , and , reviewed Petitioner’s allegations of error and injustice on 14 July 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. Reference (b), provides the procedures to transfer education benefits (TEB) and specifies 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. Enlisted Marines have 60 days from the TEB application date to incur the required 4-year obligated service or the TEB request will be rejected. Additionally, the policy indicates approval of TEB request should not be assumed and directs Marines to periodically check the status of their TEB application. If request to TEB is rejected, Marines are required to take corrective action and reapply. c. Petitioner’s Armed Forces Active Duty Base date was 10 November 2003. d. Petitioner reenlisted on 1 October 2014 for a term of 4-years. e. Petitioner submitted TEB applications on 14 December 2014. On 4 April 2015, the Service rejected the application indicating, “Service Member has not committed to the required additional service time”. f. Petitioner reenlisted on 13 October 2017 for a term of 4-years. g. Petitioner resubmitted two TEB applications on 6 December 2018 and 13 August 2020. The Service rejected both applications indicating, “Service Member has not committed to the required additional service time”. h. Petitioner voluntarily transferred to the Fleet Marine Corps Reserve effective 1 September 2020 via early retirement authority. 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 met the basic eligibility criteria to transfer Post-9/11 GI Bill benefits but failed to complete the process as outlined in reference (b). Although Petitioner did not complete the proper administrative requirements, the Board determined, he exhibited intent to transfer education benefits and served over 5-years after submitting his initial TEB application, thereby meeting the spirit and intent of the 4-year additional service obligation outlined in reference (c). Therefore, the Board felt, under these circumstances, relief if warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /18-months through the MilConnect TEB portal on 1 October 2014. Note: Petitioner also transferred education benefits to /18-months prior to retirement. Petitioner, in coordination with his command completed the required Statement of Understanding on 1 October 2014, and submitted it to Commandant of the Marine Corps (CMC) for inclusion in the Petitioner’s Official Military Personnel File. Note: CMC shall ensure MilConnect is updated with the approved aforementioned allocations. CMC reviewed Petitioner’s TEB application and it was approved on 1 October 2014 with a 4-year obligation. 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. 8/13/2021 Deputy Director