DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA22204-2490 

Docket No. 457-16 

AUG 23 2016 

Dear 

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

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 28 June 2016. Your allegations of error 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. In addition, the Board considered the advisory 
opinion furnished by HQMC memo 7220 MPO of7 April 2016, a copy of which was provided to 
you on 12 May 2016, and is being provided to you now. Additionally, the Board considered 
your response to the advisory opinion dated 1 June 2016. 

In regard to your request for a personal appearance, be advised that the Board regulations state 
personal appearances before the Board are not granted as a right, but only when the Board 
determines that such an appearance will serve some useful purpose. In your case, the Board 
determined that a personal appearance was not necessary and considered your case based on the 
evidence of the record. 

After careful and conscientious consideration of the entire record, the Board found that the 
evidence submitted was insufficient to establish the existence of probable material error or 
injustice. In making this determination, the Board concurred with the comments contained in the 
advisory opinion. Specifically, your application claims "In August 2015, I requested a 
retirement date of 1 October 2016. I did not realize that my TEB would be negated, nor do I 
believe that it should be." The Board found that the Post-9/11 GI Bill was created and intended 
to be used as a retention tool and not for the years members have already served. The Board 
further found that on 19 August 2014 you submitted a request to transfer your unused Post-9/11 
GI Bill educational benefits resulting with an Obligation End Date (OED) of 12 August 2018. 
Then in August 2015 you submitted a request to retire on 1October2016, and the Transfer of 
Educational Benefits (TEB) Coordinator from Manpower Management Officer Assignments 
(MMOA-3) contacted you to verify ifyou wanted to retire on that date as retiring on that date 
would terminate the transferability of your Post-9/11 GI Bill benefits to your dependents. The 
Board found that you knowingly responded back "For the record, I plan to retire come 
1 Oct 2016. Obviously, the best scenario is to do so with my TEB intact be we will still LD 
either way." The Board found that since you now have an approved retirement date, you are no 
longer eligible to transfer your Post-9/11 GI Bill benefits. Accordingly, your application has 
been denied. The names and votes ofthe 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 ofnew evidence 
within one year from the date of the 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 ofregularity 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