DEPARTMENT OF THE NAVY 

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

Docket No. 8845-17 
FEB O9 2018 

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 
(b) DTM 09-003 <ltd 22 Jun 09 
(c) NAV ADMIN 203109 <ltd 11 Jul 09 
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 (1) with this Board requesting, in effect, that the applicable naval record be corrected 
to establish eligibility to transfer Post-9/11 GI Bill education benefits to his eligible dependents. 

2. The Board, consisting of                      , reviewed Petitioner's 
allegations oferror and injustice on 12 January 2018 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 ofthe enclosures, relevant portions of 
Petitioner's naval records, 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 Educational Assistance Act (Post-9/11 GI Bill, Public Law 110252) 
was signed into law on 30 June 2008 and became effective on I August 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 provision for qualifying service 
members to transfer education benefits to their eligible dependents. General descriptions ofthe 
essential components ofthe law were widely available beginning in summer 2008 but specific 
implementing guidance was not published until summer 2009. 

c. In accordance with reference (b ), education benefits may not be transferred to a new 
dependents or a dependent with "O" months allocated once the transferor is no longer a member 
ofthe Armed Forces. 

d. Petitioner submitted his Transfer ofEducation Benefits (TEB) application on 
30 October 2009, and was approved the same day without a service obligation per reference ( c).
 
e. Per enclosure (1 ), the Petitioner contends that he was unaware that had he distributed 
portions ofhis benefits to each dependent, that he would be able to edit the allocations as needed 
after retiring. Note: Petitioner successfully transferred 36-months ofeducation benefits to two 
ofhis children; however he did not make an allocation to his wife. 

f. Petitioner transferred to the Retired List effective 30 September 2011. 

CONCLUSION 

Upon review and consideration ofall the evidence ofrecord, the Board concludes that 
Petitioner's request warrants favorable action. Petitioner was approved to transfer Post-9111 GI 
Bill education benefits; however, he failed to allocate benefits to each ofhis dependents prior to 
retiring. Although the proper administrative requirements were not completed by the Petitioner, 
the Board found that had the Petitioner been given clear counseling from his command regarding 
the inability to distribute the education benefits upon retiring, he would have taken the 
appropriate action prior to retiring on 30 September 2011. 

RECOMMENDATION 

That Petitioner's naval record be corrected, where appropriate, to show that: 

Petitioner allocated the transfer of /18 months, and unused education benefits to /18-months, 
/O months through the Mil Connect Transfer ofEducational Benefits (TEB) portal on 30 October 2009. 

Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner's TEB request and 
it was approved on 30 October 2009. Note: PERS-314 shall complete a surrogate transfer 
reflecting the approved aforementioned allocations. 

A copy ofthis Report ofProceedings 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 
foregoing is a true and complete record ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures ofthe 
Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on 
behalf of the Secretary ofthe Navy. 

Executive Director