DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8414-16 OCT 09 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) Subject's naval record 1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (I) 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 [NAMES REDACTED], reviewed Petitioner's allegations of error and injustice on 6 July 2017 and, pursuant to its regulations, determined that the corrective 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 of record 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 11 0-252) became effective on 1 August 2009. The bill provides financial support for education for service members with at least 90 days of service on or after 11 September 2001. The act also provisions that qualifying service members can transfer benefits to dependents. c. The Marine Corps' guidance implementing the Post-9111 GI Bill was published by Directive-Type Memorandum (DTM) 09-003 of22 June 2009 and MARADMIN 421109. 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." d. Directive-Type Memorandum (DTM) 09-003 of22 June 2009 and MARADMIN 421/09 exempted additional service from service members who had "an approved retirement date after 1 August 2009 and before 1 July 20lO." Petitioner falls within that window of waived additional service. Petitioner went on terminal leave in August 2009, during the implementation of the program, and retired on 31 October 2009. e. In his application, Petitioner claims that he filled out a paper transfer of education benefits request prior to going on terminal leave. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light ofthe fact that the Petitioner was waived from the additional service requirement associated with a transfer ofeducation benefits, the Board finds the existence of an injustice wan-anting the following corrective action. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused educational benefits through the MilConnect Transfer of Educational Benefits (TEB) web application on 1 August 2009. Commandant of the Marine Corps reviewed the Petitioner's TEB application, and it was approved on 1 August 2009. Upon completion ofthe above changes, Headquarters, United States Marine Corps (HQMC) will execute an approved Transferability ofEducational Benefits (TEB) application reflecting the transfer information. A copy ofthis Report of Proceedings will be filed in Petitioner's naval record. 4. It is certified that quorum was present at the Board's review and deliberations, and that the the above entitled matter. 5. Pursuant to the delegation ofauthority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. Executive Director