Docket No. 8449-20 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USN RET, Ref: (a) Title 10 U.S.C. § 1552 (b) BUPERSNOTE 1780 (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 eligible dependents. 2. The Board, consisting of , and reviewed Petitioner’s allegations of error and injustice on 1 September 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 required a 4-year additional service obligation at the time of election for those eligible to retire on or after 1 August 2012. Additionally, officers were required to have a NAVPERS 1070/613, Administrative Remarks, 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 completing/submitting electronic transfer election using the Transferability of Education Benefits (TEB) web application. Furthermore, the policy directed members 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. c. Petitioner’s Active Duty Service Date was 22 June 1995. d. On 1 May 2013, “Post 911 MGIBILL Officers Transfer to Dependents Obligated Four Years” NAVPERS 1070/613, Administrative Remarks was entered into Petitioner’s ESR; however, it was not verified until 1 August 2016. e. Petitioner submitted TEB application on 1 May 2013. The Service rejected the application indicating, “Service Member has not committed to the required additional service time.” f. Petitioner submitted second TEB application on 29 July 2016. The Service rejected the application indicating, “Service Member has not committed to the required additional service time.” g. Petitioner submitted final TEB application on 11 January 2017. On 12 January 2017, the Service rejected the application indicating, “Service Member need to contact Service Representative to resolve status.” h. Petitioner retired effective 1 February 2017. 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 education benefits but the required NAVPERS 1070/613, Administrative Remarks in his ESR did not contain the verbiage outlined in reference (b), thereby rendering him ineligible to transfer education benefits. Although the proper administrative requirements were not completed, the Board determined his continued active duty service since the inception of the TEB program in August 2009 met the spirit and intent of reference (c); therefore, 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 TEB NAVPERS 1070/613, Administrative Remarks on 31 January 2013 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 Atticus R. Echevarria/28-months through the MilConnect TEB portal on 31 January 2013. Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner’s TEB application and it was approved on 31 January 2013 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. 10/7/2021 Deputy Director