DEPARTMENT OF THE NAVY 

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

Docket No. 5559-16 

Dear , 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of 1O 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 ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 25 August 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. 

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 ofthe entire record, the 
Board found that the evidence submitted was insufficient to establish the existence ofprobable 
material error or injustice. Per 38 U.S.C. §3319 and NAVADMIN 203/09, service members 
must have been on active duty or in the selected reserve on or after 1 August 2009 to be eligible 
to transfer their education benefits to their dependents. You retired on 30 June 2008, and are 
therefore ineligible to transfer your benefit. ·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 ofyour 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 of the Board's decision. New eV:idence 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 ofan official naval record, the burden· is on the applicant to 
demonstrate the existence of probable material error or injustice. 

Sincerely, 


Executive Director