Docket No. 7172-20
Ref: Signature Date
 
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) BUPERSNOTE 1780  
 
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 to transfer Post-9/11 GI Bill education benefits to eligible dependents. 
                                              
2.  The Board, consisting of    , reviewed Petitioner’s allegations of error and injustice on 22 March 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 reference (b), 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.  On 31 July 2009, Petitioner submitted a Transfer of Education Benefits (TEB) application and allocated 36-months of education benefits to his eldest child.  The Service approved the application, with an obligation end date of 31 July 2012.   
 
    d.  Petitioner transferred to the Retired List effective 1 August 2016.   
   
    e.  On 19 September 2018, Petitioner changed months of allocated education benefits for his eldest child from 36-months to 22-months.   
                                     
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 each of his dependent children prior to retiring.  Although Petitioner did not complete the proper administrative requirements, the Board found that had Petitioner received clear counseling regarding the inability to distribute the education benefits upon retiring, he would have taken the appropriate action prior to retiring on 1 August 2016.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected to transfer unused education benefits to months, and  -months, through the MilConnect TEB portal on 31 July 2009. 
 
Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner’s TEB application and it was approved with an obligation end date of 31 July 2012.   
 
Petitioner elected to transfer unused education benefits to months, through the MilConnect TEB portal prior to transferring to the Retired List effective 1 August 2016. 
 
Note:  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.