QEPARTMENT OF THE NAVY 

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

Docket No. 1345-16 

AUG 31 2016 

Dear , 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 10 USC 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute of limitations and consider your application on its merits. A threemember 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 29 June 2016. Your allegations oferror and injustice were 
reviewed in accordance with administrative regulations and procedures applicable to the 
proceedings ofthis Board. Documentary material considered by the Board consisted of your 
application, together with all material submitted in support thereof, your naval record and 
applicable statutes, regulations and policies. The advisory opinion provided in HQMC memo 

7220 MPO dated 4 April 16 was sent to you on 12 May 2016 for an opportunity to comment 
prior to being considered by the Board. A copy ofthis advisory opinion is again enclosed. After 
the 30 day period for comment expired without a response, the case was presented to the Board. 

After careful and conscientious consideration ofthe entire record, the Board found that the 
evidence submitted was insufficient to establish the existence of probable material error or 
injustice. In this connection, the Board substantially concurred with the comments contained in 
the advisory opinion. 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 of the new law were widely available beginning in 
summer 2008 but specific implementing guidance was published until summer 2009. The 
Marine Corps's guidance implementing the Post-9/11 GI Bill was published by 
MARADMlN 389/09 and MARADMlN 421109, which informed service members ofthe 
requirements necessary to transfer their education benefits. You were serving on active duty 
during these publications. There is no evidence in your record that you sought to transfer your 
education benefits, despite being on active duty for months following the implementation of the 
program. Accordingly, your application has been denied. The names and votes of the members 
of the panel will be furnished upon request. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission of new evidence 
within one year from the date ofthe Board's decision. New evidence is evidence not previously 
considered by the Board prior to making its decision in this case. In this regard, it is important to 
keep in mind that a presumption of regularity attaches to all official records. Consequently, 
when applying for a correction of an official naval record, the burden is on the applicant to 
demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director