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

Docket No. 7964-16 
MAY 13 2017 

Dear : 

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

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered yonr 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 of this 
Board. Documentary material considered by the Board consisted ofyonr application, together 
with all material submitted in support thereof, your naval record and applicable statutes, 
regulations and policies. The advisory opinion provided in CNPC memo 1780 PERS-314 of 
3 February 2017 was sent to you on 14 February 2017 for an opportunity to comment prior to 
being considered by the Board. A copy ofthis 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 ofthe entire record, the Board found that the 
evidence submitted was insufficient to establish the existence of probable material error or 
injustice. 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 
attempted to transfer your Post-9/11 GI Bill via the Transferability ofEducational Benefits 
(TEB) Web-Application before you retired. You stated that "I was never briefed prior to my 
transfer to the Fleet Reserve." However, per the Navy Personnel Command advisory opinion, 
"Information on Post-9111 GI Bill transferability has been available for active duty members 
interested in transferring their entitlement to eligible family members. To provide a more 
individual notifications ofthe transferability opportunity, the "Remarks" section ofthe October 
2009 leave and Earnings Statement contained the following statement: "Are you interested in 
transferring yonr Post 9/11 GI Bill education to your family members? Read NA VADMIN 
203/09 for details."." The Board further found that, in accordance with the Navy Personnel 
Command advisory opinion, "There is no record of submitting a Transfer of 
Education Benefits (TEB) application while on active duty." Per NA V AD MIN 203/09 dated 11 
July 2009, "for those eligible for retirement on or after 1 August 2010 and before 1 August 2011, 
two years of additional service is required." Essentially, even if you had submitted a TEB request 
on 1 August 2009, you would have not met the two year obligation before transferring to the 
Fleet Reserve. Since the transferability option must be elected while the member is serving in 
the armed forces and you transferred to Fleet Reserve on 28 February 2011, 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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director