DEPARTMENT OF THE NAVY 

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

Docket No. 1024-16 
From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 
JUL 18 2016 

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 10 U.S.C. 1552 

Encl: (1) DD Form 149 w/attachments 
(2) NAVADMIN 187/09 of26 Jun 09 
(3) NAV AD MIN 203/09 of 11 Jul 09 
(4) BUPERSNOTE 1780of15 Aug 14 
(5) NPC memo 1780 PERS-314 dtd 4 Apr 16 

1. Pursuant to the provisions ofreference (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 benefits to his dependents. 

2. The Board, consisting of reviewed Petitioner's 
allegations oferror and injustice on 8 June 2016 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 ofthe enclosures, naval records, 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 ofthe Navy. 

b. The Post-9/11 Veterans Education 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 a 
provision for qualifying service members to transfer educational benefits to dependents. General 
descriptions ofthe essential components ofthe new law were widely available beginning in 
summer 2008 but specific implementing guidance was not published until summer 2009. 

c. The Navy's guidance implementing the Post-9/11 GI Bill was published by 
NAY ADMIN 187/09, released on 26 June 2009, and NAVADMIN 203/09, released 
11 July 2009. See enclosures (2) and (3). 

d. BUPERSNOTE 1780 was released on 15 August 2014, which established the 
requirement that service members being medically separated must make their Transfer of 
Education Benefits (TEB) request election prior to separation. For the TEB request to be 
approved, service members must provide a copy oftheir medical separation or retirement 
message then make a TEB election in the MilConnect system, and both steps must be 
accomplished before their date of separation. See enclosure ( 4 ). 

e. Petitioner states that he submitted his TEB request 28 February 2014, a year before 
submitting his medical separation orders. At the time ofhis TEB, Petitioner was a patient at 
Harbor counselor that his TEB was successful. and states that he received incorrect information from his Safe 

f. In correspondence attached as enclosure (5), Commander Navy Personnel Command 
(PERS-314) has commented to the effect that the request has merit and warrants favorable 
action. PERS-314 informed Navy's Safe Harbor Office that the Petitioner should resubmit his 
TEB request along with copy ofhis medical separation orders, but as PERS-314 could not 
confirm that the counseling was relayed to the member, they recommend approving Petitioner's 
request. 

CONCLUSION 

Upon review and consideration of all the evidence ofrecord, and especially in light of the 
contents of enclosure (2), the Board finds the existence of an injustice warranting the following 
corrective action. 

RECOMMENDATION: 

That Petitioner's naval record be corrected, where appropriate, to show that: 

a. Petitioner successfully submitted an online TEB request to transfer his Post-9111 GI 
Bill benefits to his dependents on 8 September 2014, along with a copy of his medical separation 
orders. 

b. Upon completion ofthe above changes, COMNAVPERSCOM (PERS-314) will 
execute an approved Transferability of Educational Benefits (TEB) application reflecting the 
transfer information. 

c. A copy of this Report ofProceedings 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 matter. 

5. Pursuant to the delegation of authority set out in Section 6(e) ofthe revised Procedures of the 
Board for Correction of Naval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on 
behalf ofthe Secretary ofthe Navy. 


Executive Director