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) MARADMIN 0421/09 dtd 15 Jul 09 (c) MARADMIN 704/13 dtd 31 Dec 13 Encl: (1) DD Form 149 w/attachments (2) HQMC memo 7220 MPO of 19 Feb 20 (3) HQMC ltr 1800 MMSR-5 of 31 Jul 12 (4) Career Retirement Credit Record (5) email of 28 Oct 14 (6) RCT/Reserve Affairs email of 29 Oct 14 (7) email of 29 Oct 14 (8) RCT/Reserve Affairs email of 29 Oct 14 (9) TEB Screenshot (10) Statement of Understanding dtd 30 Oct 14 (11) HQMC ltr 1820 MMSR-5 of 1 Jun 15 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish eligibility to transfer Post-9/11 GI Bill education benefits to his eligible dependents. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 20 February 2020 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 (1) through (11), 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, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. c. 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. d. In accordance with reference (b), the option to transfer a service member’s unused education benefits to eligible dependents required an additional 3-year service obligation for those eligible to retire on or after 1 August 2011 and before 1 August 2012. Subsequently, reference (c) was published implementing Department of Defense policy that discontinued the ability to adjust obligation end dates based on the aforementioned retirement eligible timeframe effective 1 August 2013. e. Petitioner earned 20 total years of qualifying service toward retirement during anniversary year ending 20 June 2012 and was issued Notification of Entitlement to Retired Pay at Age 60 and Eligibility to Participate in the Reserve Component Survivor Benefit Plan (RCSBP) on 31 July 2012. See enclosures (3) and (4). f. Petitioner requested guidance from Reserve Continuation and Transition (RCT)/Reserve Affairs regarding the ability to transfer education benefits and the associated 4-year service obligation on 28 October 2014. On 29 October 2014, RCT/Reserve Affairs responded with “The obligation can end early if you retire before the 4 years is up which ever comes first”. See enclosures (5) and (6). g. Petitioner requested “a copy of the MarAdmin that discusses retirement trumping the 4-year obligation” on 29 October 2014. RCT/Reserve Affairs responded the same day indicating, “It doesn’t say retirement specifically but the federal status piece is where the obligation end date will come into play”. See enclosures (7) and (8). h. Petitioner submitted Transfer of Education Benefits (TEB) application and signed the Post-9/11 Educational Benefits Transferability Commitment and Statement of Understanding on 30 October 2014 . The request was approved the same date with an obligation end date of 30 October 2018. See enclosures (9) and (10). i. Petitioner transferred to the Retired Reserve without-pay on 30 June 2016. See enclosure (11). BOARD CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), 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 voluntarily retired over 2-years prior to completing the service obligation. The Board found that Petitioner received improper counseling that enabled his decision to retire before completing the service obligation and therefore under these circumstances, a measure of relief is warranted. BOARD RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /18-months and /18-months through the MilConnect TEB portal on 30 June 2013. Petitioner, in coordination with his command completed the required Statement of Understanding on 30 June 2013 and submitted it to Commandant of the Marine Corps (CMC) for inclusion in the Petitioner’s Official Military Personnel File. CMC reviewed the Petitioner’s TEB application, and it was approved on 30 June 2013 with a 3-year service 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.