DEPARTMENT OF THE NAVY 

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

Docket No. 7598-16 

MAY 13 2017 

Dear : 

This is in reference to your application for correction ofyour 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 24 March 2016. The names and votes ofthe members ofthe 
panel will be furnished upon request. 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 ofyour 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 of 
22 December 2016 was sent to you on 14 February 2017 for an opportunity to comment prior to 
being considered by the Board. A copy of this 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 of the entire record, the Board found that the 
evidence submitted was insufficient to establish the existence of probable material error or 
iajustice. In this connection, the Board substantially concurred with the comments contained in 
the advisory opinion. Specifically, the Board found you have provided no evidence that you 
signed and submitted the appropriate paperwork to have your benefits transferred to your 
children. You stated that "I believe that the documents transferring my education benefits (Post 
9/11 Gill Bill) were never submitted or were lost at the time they were signed ... " However, per 
the Headquarters, U.S. Marine Corps advisory opinion, "Evidence from the DMDC [Defense 
Manpower Data Center] shows that SNM logged into the TEB-Portlet only after his retirement. 
Furthermore, SNM has not provided any supporting statements or documentation ofhis TEB 
attempt prior to the date of his retirement." Per MARADMIN 421/09 dated 15 July 2009, "For 
those eligible for retirement after 1 August 2009 and before 1 August 2010, 1 year of additional 
service is required." Essentially, even if you had submitted a TEB request on 1 August 2009, you 
would have not met the one year obligation before transferring to the Fleet Marine Corps 
Reserve. You submitted your FMCR application on or about 7 December 2009. Since the 
transferability option must be elected while the member is serving in the armed forces and you 
transferred to the Fleet Marine Corps Reserve on 30 April 2010, you are consequently no longer 
eligible to elect transferability. Accordingly, your application has been denied. The names and 
votes ofthe members ofthe panel will be furnished upon request. · 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
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