DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3056-17 DEC 11 2017 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) NAVADMIN 187/09 of26 Jun 09 (3) NA V AD MIN 203/09 of 11 Jul 09 (4) NPC memo 1780 PERS-311 dtd 21 Jul 17 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 reviewed Petitioner's allegations oferror and injustice on 5 October 2017 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts ofrecord 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 ofthe Navy. b. The Post-9/11 Veterans Education Assistance Act (Post 9/11 GI Bill, Public Law 110-252) was signed into law on 30 June 2008 and became effective on 1August 2009. The bill provides financial support for education and housing for service members with at least 90 days ofservice on or after 11 September 2001. The act also includes a provision for qualifying service members to transfer educational benefits to dependents. General descriptions ofthe essential components . ofthe new law were widely available beginning in summer 2008 but specific implementing guidance was not published until summer 2009. c. The Navy's guidance implementing the Post-9/11 GI Bill was published by NAVADMlN 187/09, released on 26 June 2009, and NAVADMlN 203/09, released 11July2009. 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." See enclosures (2) and (3). d. Petitioner signed a Page 13 committing to an additional period ofobligated service on 31 August 2011 in an attempted to transfer his education benefits (TEB), however, he did not realize that he also had to submit a TEB request in the Mil Connect system. When Petitioner realized his mistake, he resubmitted his TEB request on 19 September 2016, which was approved with an obligation end date (OED) of30 April 2018 (his statutory retirement date). Petitioner retired on 31 March 2017. See enclosures (1) and (4). e. In correspondence attached as enclosure ( 4), Commander, Navy Personnel Command (PERS-314) has recommended the request be denied. 38 U.S.C. §3319, NAVADMlN 187/09, and NAVADMlN 203/09 provided policies and procedures for Navy members to transfer their Post-9/11 GI Bill entitlement to eligible family members. Petitioner was not in full compliance with Title 38 or the NAVADMlNs because he failed to successfully transfer his education benefits to his dependents while on active duty. Specifically, Petitioner did not submit a formal TEB request in the Mil Connect system after he signed a Page 13 committing to the additional service obligation and upload the document in his ESR. The period of additional service begins after the TEB request has been approved. Petitioner could have served until 30 April 2018 to complete the additional period ofobligated service. CONCLUSION: Upon review and consideration ofall the evidence ofrecord, the Board concludes that Petitioner's request warrants favorable action. The Board carefully weighed the observations made in enclosure (4) regarding Petitioner's responsibility under the Post 9/11 GI Bill program. The Board found that had the Petitioner been given clear counseling from his command about his obligation to submit a TEB request in the Mil Connect system after he signed a Page 13 committing to the additional service obligation and uploading the document in his ESR, he would have followed the proper steps to successfully transfer his benefits. The Board felt that it would be an injustice not to allow the Petitioner to backdate his TEB request to the date ofhis Page 13 additional service obligation acknowledgement. The Board highlighted that the Petitioner received counseling from numerous administrative officers who told him that the Page 13 alone was sufficient for TEB, and therefore the Petitioner should not be penalized for the general misunderstanding of the TEB procedural requirements. Although the proper administrative requirements were not completed by the Petitioner, the Board felt that under these circumstances a measure ofrelief is warranted. RECOMMENDATION: That Petitioner's naval record shall be corrected, where appropriate, to show that: Petitioner elected to transfer unused educational benefits through the Mil Connect Transfer of Educational Benefits (TEB) web application on 31 August 2011. NPC reviewed the Petitioner's TEB application, and it was approved on 31 August 2011. Petitioner incurred a 4-year additional service obligation. Upon completion ofthe above changes, COMNA VPERSCOM (PERS-314) will execute an approved Transferability ofEducational Benefits (TEB) application reflecting the transfer information. A copy ofthis Report ofProceedings will be filed in Petitioner's naval record. 4. Pursuant to Section 6(c) of the revised Procedures ofthe Board for Correction ofNaval Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete reoonl of the boards procedings. 5. The foregoing action ofthe Board is submitted for your review and action. Executive Director