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


Docket No. 3498-17 
FEB 25 2019 

Dear     , 
 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10 United States Code §1552. After careful and conscientious consideration 
of the entire record, the Board found the evidence submitted was insufficient to establish the 
existence of probable material error or injustice. Consequently, your application has been 
denied. 

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 case on its merits. A three-member 
panel of the Board for Correction of Naval Records, sitting in executive session, considered your 
application on 28 September 2018. The names and votes of the members of the 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 of your application, together with all 
material submitted in support thereof, relevant portions of your naval record and applicable 
statutes, regulations and policies. In addition, the Board considered the advisory opinion 
contained in HQMC memo 7220 MPO of 20 August 2018; a copy of which was previously 
provided to you for comment. A copy of this advisory opinion is again enclosed. 

You requested approval to transfer your Montgomery GI Bill education benefits to your 
dependent son. Your application states, "I was unable to transfer my MGIB educational benefits 
to my dependent son due to my inability to reenlist. I was not selected on the FY14 Staff 
Sergeant retention board resulting in being twice passed for promotion and an involuntary 
Temporary Early Retirement Authority (TERA)." The Board, in its review of your entire record 
and application, carefully weighed all potentially mitigating factors, to include your assertions. 
Nevertheless, the Board concluded that Marine Corps guidance implementing the transfer of Post 
9/11 GI Bill education benefits was published by Marine Corps Administration (MARADMIN) 
message 0389/09, released on 29 June 2009 and MARADMIN 0421/09, released on 15 July 2009. 
Specifically, these MARADMIN messages outlined eligibility, processing, service 
obligation, and reference information germane to transferring education benefits to eligible 
dependents. The Board found that being twice passed over for promotion as a Staff Sergeant did 
not prevent you from obligating to 20 years of active military service, nor transferring your Post9/11
GI Bill benefits prior to your retiring. The Board concurred with the advisory opinion that 
you had the opportunity from 1 August 2009 through your retirement of 31 May 2015 to transfer 
your educational benefits. Furthermore, the Board found that you voluntarily requested to be 
retired under TERA, thereby making you ineligible to transfer your educational benefits to your 
dependent son. 

It is regretted that the circumstances of your 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 of regularity 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 of probable material error or injustice. 

Sincerely, 


Executive Director