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

Docket No. 3005-16  
DEC 29 2016  

From:  Chairman, Board for Conection of Naval Records  
To:  Secretary of the Navy  

Subj:  REVIEW OF NAVAL RECORD ICO  


Ref: (a) Title 10 U.S.C. 1551 
Encl: (1) DD Form 149 w/attachments 
(2) NAVADMIN 187/09of26 Jun 09 
(3) NAV AD MIN 203/09 of 11 Jul 09 
(4) NPC memo 1780 PERS-3 14 dtd 11 Jul 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 21 September 2016 and, pursuant to its regulations, determined that the conective 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 of the 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 NAYADMIN 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 due to mission requirements at work and numerous deployments, he did not transfer his education benefits while on active duty. Note: Petitioner retired on 31July2015. See enclosures (1) and (4). 

e. In correspondynce attached as enclosure ( 4), Commander Navy Persoqnel Command (PERS-314) has rec~mmended the request be denied. 38 U.S.C. §3319, NAN' ADMIN 187/09, and NAVADMIN 203/09 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 NAVADMINs because he failed to transfer his education benefits to his dependents while on active duty. Additionally, on the Petitioner's October 2014, June 2015, and December 2015 Leave and Earning Statement stated: "Transferred your Post 9111 GI Bill Education Benefits? Verified your submitted request was approved? See BUPERSNOTE 1780 for details at BUPERS Online." Nothing prevented the Petitioner from taking the time to TEB prior to retirement. 

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 9/1 1 GI Bill program. The Board found that had the Petitioner been given clear counselling from his command about his obligation to transfer his education benefits prior to retirement, he would have followed the proper steps to successfully ~ransfer his benefits. Had the Navy provided the Petitioner with notice ofthe fact that eligibility to transfer would be lost post-retirement, the Petitioner could have then taken the necessary steps to TEB. Although the proper administrative requirements were not completed by the Petitioner, the Board felt that under these circumstances a measure of relief 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 MILCONNECT Transfer of Educational Benefits (TEB) web application on 1 August 2009. 

b. Petitioner, in coordination with his command, completed the Page 13 and submitted it to Commander, Navy Personnel Command (NPC) for inclusion in the Petitioner's Official Military Personnel File (OMPF). Petitioner incurred four years additional service obligation, expiring on 31 July 2013. Note: Petitioner retired on 31 July 2015. 

c. The Petitioner executed a 8 month agreement to extend enlistment (NA VPERS 1070/62 1) operative 30 December 2012. 

d. NPC reviewed the Petitioner's TEB application, and it was approved on l August 2009. 

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

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

4. Pursubnt to Section 6(c) of the revised Procedures of the BoaJd for Correction ofNaval Records (32 Code of Federal 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. 


Executive Director