DEPARTMENT OF THE NAVY 

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

Docket No. 1050-16 
22 Jun 16 
From: Chairman, Board for Correction ofNaval Records 
To: Secretary of the Navy 
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) NA V AD MIN 203/09 of 11 Jul 09 
(4) NPC memo 1780 PERS-314 <ltd 25 Mar 16 
(5) MilConnect TEB request eff7 Jul 09 
(6) DD Form 214 eff 31May16 

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 issue an administrative remarks page and establish eligibility to transfer Post9/l 1 GI Bill 
benefits to his dependents. 

2. The Board, consisting                    of reviewed 
Petitioner's allegations of error and injustice on 22 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 of the enclosures, naval 
records, and applicable statutes, regulations and policies. 

3. The Board, having reviewed all the facts ofrecord 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 U 0-252) 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 of the essential components of the 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 
NAVADMIN 187/09, released on 26 June 2009, and NAVADMIN 203/09, released 
11 July 2009. Under the guidance, "active duty sailors that separate, retire, transfer to the Fleet 
Reserve or who are discharged prior to 1 August 2009 are not eligible to elect transferability." 
See enclosures (2) and (3). 

d. Petitioner's application claims that he attempted to transfer his Post-9/11 GI Bill 
education benefits to his dependents on 7 July 2009, but did not sign a PG 13 agreeing to · 
complete four more years in the armed forces at that time because he thought it was his 
command's responsibility to generate the Page 13 and place it in his Electronic Service Record 
(ESR). Petitioner claims that on 7 July 2009 he informed his command that he would serve the 
additional 4 year obligation. Petitioner cites enclosure (3), where it states that "[t]he 
Administrative Officer will complete a Page 13 in the Navy Standard Integrated Personnel 
System (NSIPS) ESR agreeing to serve the required additional four years of service." Note: 
Petitioner retired on 1June2016, which is over 4 years from his attempt to TEB on 7 July 2009. 
See enclosures (5) and (6). 

e. Petitioner submitted his Transferability ofEducation Benefits (TEB) request in 
MilConnect on 7 July 2009, however, the request was rejected for lack of obligated service. 
Petitioner cites enclosure (3), where it states that members "may" check TEB periodically for the 
status oftheir application, but that it is not a requirement. See enclosure (5). 

f. In correspondence attached as enclosure ( 4), Commander Navy Personnel Command 
(PERS-314) has recommended the request be denied. NAV AD MIN 203/09 provided policies 
and procedures for Navy members to transfer their Post-9/11 GI Bill entitlement to eligible 
family members.    1 Petitioner was not in full compliance with NAV AD MIN 203/09 by not 
making a timely submission of his Page 13 commitment ofadditional service obligation and, 
therefore, his dependents are no longer entitled to his GI Bill benefits. 

CONCLUSION 

Upon review and consideration ofall the evidence of record, on balance, the Board concludes 
that Petitioner's request warrants favorable action. The Board carefully weighed the 
observations made in enclosure (4) regarding Petitioner's responsibility. The Board found that 
had the Petitioner been given clear counselling from his command about his obligation to submit 
a Page 13, he would have realized that the transfer of benefits to his dependents was not properly 
executed as he had expected. Additionally, the Board felt that the Mil Connect system should
provide a proactive notice to the service member in the event that their TEB is denied, vice 
putting the responsibility on the service member to log back into the system to check the status. 
Had the Navy provided the Petitioner with notice of the error, the Petitioner could have then 
taken the necessary steps to correct the problem. Although the administrative requirements were 
not completed, resulting in the TEB request being denied, the Petitioner served over 4 years from 
his attempted TEB, and therefore the Board felt that under these circumstances a measure of 
relief is warranted. 

"{2) Ensure their additional service obligation {officer and enlisted) is properly 
documented in their Electronic service Record (ESR) before submitting a request. 
Because officers' service is indefinite, and they do not have contracts, their fouryear 
commitment is recorded on an Administrative Remarks, NAVPERS 1070/613 (Page 13) 
in the ESR. They are advised requests would be disapproved for members whose ESR does 
not reflect the required additional service." 
RECOMMENDATION: 

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

a. Petitioner signed a Page 13 committing to an additional four years of service on 
7 July 2009 and the Page 13 was entered into NSIPS on 7 July 2009. 

b. Petitioner successfully submitted an online TEB request to transfer his Post-9111 GI 
Bill benefits to his dependents on 7 July 2009, after the Page 13 was entered into NSIPS. 

c. Petitioner's TEB request was approved with an obligation end date of7 July 2013. 

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

e. A copy of this Report ofProceedings will be filed in Petitioner's naval record. 

4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction ofNaval 
Records (32 Code ofFederal Regulations, Section 723.6(c)) it is certified that quorum was 
present at the Board's review and deliberations, and that the foregoing is a true and complete 
record ofthe Board's proceedings in the above entitled matter. 

5. The foregoing action ofthe Board is submitted for your review and action. 

Executive Director 

Reviewed and approved