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

Docket No. 6540-20
Ref:  Signature Date

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. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 11 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 education benefits to eligible dependents effective 18 January 2011. 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 you did not complete the requirements to garner approval to transfer education benefits in January 2011 in accordance with Bureau of Naval Personnel Notice 1780. Specifically, the policy requires all officer to have a NAVPERS 1070/613, Administrative Remarks (Page 13), 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.  Additionally, the policy directed member 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 (OED). A review of your record indicates you submitted transfer of education benefits (TEB) application on 7 January 2011 but did not sign a Page 13 until 18 January 2011.  The signed 18 January 2011 Page 13 you provided the Board was not entered in your ESR, was not uploaded to your official military personnel file and the “Ship or Station” is blank; resulting in disapproval of your TEB application.  On 24 July2018, “Post 9/11 GIBill Transferability” Page 13 was entered into your ESR and on 1 August 2018 you submitted a second TEB application; it was approved with an OED of 31 July 2022.  However, after submitting your reconsideration request to the Board, Commander, Navy Reserve Forces Command (N1) has adjusted your OED to align with your retention expiration date of 1 March 2022, in accordance with Department of Defense Instruction 1341.13. 

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,

9/10/2021
Deputy Director