DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8096-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO LCDR., USN RET, 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 eligibility to transfer Post-9/11 GI Bill education benefits to eligible dependent. 2. The Board, consisting of Mr. , Mr. , and Mr. , reviewed Petitioner’s allegations of error and injustice on 18 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 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), the option to transfer a Service member’s unused education benefits to an eligible dependent after 1 August 2013 required a 4-year additional service obligation at the time of election. Additionally, the policy indicates that if a member fails to complete their additional service obligation, they forfeit the ability to transfer education benefits and will incur a debt for education benefits used. c. Petitioner’s Active Duty Service Date was 4 August 1994. d. On 4 June 2014, “4 year Service Obligation for Transfer of Post-9/11 GI-Bill Benefits” NAVPERS 1070/613, Administrative Remarks was entered into Petitioner’s ESR. e. Petitioner submitted Transfer of Education Benefits (TEB) application on 4 June 2014. The Service rejected the application the same day indicating, “Service Member has not committed to the required additional service time.” f. Petitioner resubmitted TEB application on 4 June 2014. The Service approved the application with an obligation end date of 3 June 2018. g. Petitioner’s request to transfer to Retired List was approved and he was issued BUPERS Order: 0188 (Official Retirement Orders) on 17 January 2018. h. Petitioner transferred to the Retired List effective 1 March 2018. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. Petitioner was approved to transfer Post-9/11 GI Bill education benefits; however, he retired prior to completing his service obligation. The Board found that had the Petitioner received clear counseling from his command regarding transfer of Post-9/11 GI Bill education benefits service obligation, he would have elected to request transfer to the Retired List after his TEB service obligation end date. Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner, in coordination with his command completed the required NAVPERS 1070/613, Administrative Remarks on 1 March 2014 and submitted it to Commander, Navy Personnel Command for inclusion in the Petitioner’s Official Military Personnel File. Petitioner elected to transfer unused education benefits to /12-months through the MilConnect TEB portal on 1 March 2014. Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB application and it was approved on 1 March 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. 9/14/2021 Deputy Director