DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. § 1552 (b) NAVADMIN 203/09 (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 Mr. Mr. and Mr. reviewed Petitioner’s allegations of error and injustice on 8 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, enlisted personnel were required to have sufficient time on contract to meet the additional service requirement prior to initiating their electronic transfer election. The policy authorized members with greater than 24-months and less than 48-months to end of active obligated service to apply for short term extensions; however, this exception to policy expired on 1 January 2010. Moreover, 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 25 May 1995. d. Petitioner reenlisted on 20 April 2009 for a term of 4-years. e. Petitioner submitted Transfer of Education Benefits (TEB) application on 18 December 2009. The Service rejected the application indicating Petitioner “need to contact Service Representative to resolve status.” Petitioner had 3-years, 4-months, and 2-days remaining on contract. f. Petitioner reenlisted on 17 April 2013 for a term of 2-years and thereafter executed a 2-month extension; end of obligated service (EAOS) 16 June 2015. g. Petitioner transferred to the Fleet Reserve effective 1 June 2015. 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 failed to complete the administrative requirements outlined in reference (b). Although Petitioner did not complete the proper administrative requirements, the Board determined, he exhibited intent to transfer education benefits and served over 5-years after submitting his TEB application, thereby meeting the spirit and intent of the 4-year additional service obligation outlined in reference (c). Therefore, the Board felt under these circumstances, relief if warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner, in coordination with his command submitted a request to extend his 20 April 2009 reenlistment for a term of 4-months to cognizant authority; it was approved on 1 August 2009. New EAOS 19 August 2013. Petitioner elected to transfer unused education benefits to /12-months and /24-months via the MilConnect TEB portal on 1 August 2009. Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner’s TEB application and it was approved on 1 August 2009 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. 10/13/2021 Deputy Director