DEPARTMENT OF THE NAVY 

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

Docket No. 2133-16 
NOV 28 2016 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW OF NAVAL RECORD ICO 

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

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

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 benefits to his dependents. 

2. The Board, consisting o , reviewed Petitioner's 
allegations oferror and injustice on 21 September 2016 and, pursuant to its regulations, 
determined that the corrective action indicated below should be taken on the available evidence 
ofrecord. 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 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 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 ofservice 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 NAVADMIN 
187/09, released on 26 June 2009, and NAV ADMIN 203109, released 11July2009. 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 (TEB) to his dependents in MilConnect on 25 July 2014. Petitioner asserts that he did 
not know that the Page 13 was not successfully uploaded in his electronic service record (ESR). 
Mil Connect reflected the TEB was "denied" but Petitioner did not check after transfer because 
he thought the Navy would notify him ifhis TEB was denied. Petitioner stated that he discussed 
his TEB with PSD prior to retirement and was told that he was "good to go." Note: Petitioner 
retired 31March2015. See enclosures (1) and (4). 

e. In correspondence attached as enclosure ( 4), Commander Navy Personnel Command 
(PERS-314) has recommended the request be denied. 38 U.S.C. §3319, NAVADMIN 187/09, 
and NA VADMIN 203109 provided policies and procedures for Navy members to transfer their 
Post-9/11 GI Bill entitlement to eligible family members. Petitioner was not in full compliance 
with Title 38 or the NA V ADMINs because he failed to ensure that the Page 13 commitment of 
additional service was uploaded in his ESR prior to attempting to TEB. Additionally, 
Mil Connect states "Approximately 7 working days after successfully submitting your transfer 
request, you should check the TEB Application for your approval/rejection status. You WILL 
NOT be notified ofyour approval/rejection status by any other means." As the Petitioner failed 
to transfer his education benefits to his dependents while on active duty. Petitioner's dependents 
are no longer eligible to receive the benefits. 

CONCLUSION 

Upon review and consideration ofall the evidence ofrecord, the Board concludes that 
Petitioner's request warrants favorable action. The Board carefully weighed the observations 
made in enclosure ( 4) regarding Petitioner's responsibility under the Post 9/11 GI Bill program. 
The Board found that had the Petitioner been given clear counselling from his command about 
his obligation to follow up to confirm the status ofhis TEB, he would have followed the proper 
steps to successfully transfer his benefits. 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 ofthe error, the Petitioner 
could have then taken the necessary steps to correct the problem. Furthermore, ifthe Petitioner 
hadn't received misinformation from PSD, he would not have assumed that his TEB was 
successful. The Board noted that the Petitioner failed to submit his TEB in a timely manner. 
Although the proper administrative requirements were not completed by the Petitioner, which 
resulted in his TEB request being denied, the Petitioner served the maximum time allowed by 
statute from the date ofattempted TEB, and therefore the Board felt that under these 
circumstances a measure ofrelief is warranted. 

RECOMMENDATION: 

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

a. Petitioner elected to transfer unused educational benefits through the DMDC Transfer of 
Educational Benefits (TEB) web application on 31 March 2011. 

b. Petitioner, in coordination with his command, completed the Page 13 acknowledgement of 
additional service obligation and successfully uploaded it to his ESR. Petitioner incurred four 
years additional service obligation or was required to serve the maximum time allowed by 
statute.. Note: Petitioner was statutorily required to retire on 31March2015. 

c. NPC reviewed the Petitioner's TEB application, and it was approved on 
31March2011. 

d. Upon completion ofthe above changes, COMNA VPERSCOM (PERS 314) will execute 
an approved Transferability ofEducational Benefits (TEB) application reflecting the transfer 
information. 

e. A copy ofthis 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