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

Docket No. 7449-20
Ref: Signature Date

From:   Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO LIEUTENANT COLONEL  USMC RET (DECEASED) 
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) MARADMIN 0421/09 
 
Encl:   (1) DD Form 149 w/attachments 
        (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (a), Subject’s widow, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her spouse’s naval record be corrected to allocate 36-months of Post-9/11 GI Bill education benefits to his two minor eligible dependents. 
                                              
2.  The Board, consisting of Mr.  , Mr.   and Mr.  , reviewed Petitioner’s allegations of error and injustice on 25 August 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 Subjects’ 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, she 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 or revoke transferred entitlement for existing designated dependents.   
 
     c.  Subject’s Armed Forces Active Duty Base date was 25 March 1991. 
 
     d.  Subject submitted Transfer of Education Benefits (TEB) application on 6 July 2010 and the Service approved the application with an obligation end date of 7 July 2010.  Note:  Subject allocated unused education benefits to /1-month, /1-month, 1-month, /1-month and /1-month. 
 
     e.  Subject transferred to the Retired List effective 1 April 2011. 
 
     f.  Subject passed away on 24 January 2016. 
                       
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Subject was approved to transfer Post-9/11 GI Bill education benefits; however, he did not allocate his remaining months of education benefits prior to his death.  Therefore, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Subject’s naval record be corrected, where appropriate, to show that: 
 
Subject elected to transfer unused education benefits to /18-months and  /18-months through the MilConnect TEB portal prior to his death of 24 January 2016.   
 
Commandant of the Marine Corps (CMC) reviewed Subject’s TEB application and it was approved with an obligation end date of 7 July 2010.  Note:  CMC shall ensure MilConnect is updated with the approved aforementioned allocations. 
                                                            
A copy of this Report of Proceedings will be filed in Subject’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. 
 
09/28/2021
Deputy Director