DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8933-17 FEB O72018 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) NA V AD MIN 203109 dtd 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 1 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), the option to transfer a service member's unused education benefits to an eligible dependent requires an additional 4-year service obligation at the time ofelection for those that are eligible for retirement on or after 1August 2012. Additionally, these policies indicate members are directed to check the status oftheir application and ifthe request is disapproved, members must take corrective action and reapply to transfer Post-9/11 GI Bill education benefits. Furthermore, there are provisions in the aforementioned policies that indicate if a member is prohibited from completing their service obligation as a result ofNavy, Department ofDefense policy or federal statute the obligation will be adjusted to the maximum amount oftime allowed by that policy or statute. d. Petitioner submitted two Transfer ofEducation Benefits (TEB) applications on 7 October 2010, and 13 March 2012. Both requests were denied for insufficient time on contract to complete the required additional service obligation as required by references (b ). e. Petitioner completed 20 total years qualifying service on 2 February 2013. f. Petitioner reenlisted on 30 August 2013 for a term of3-years. g. Petitioner submitted a third TEB applications on 10 December 2014. The requested was denied for insufficient time on contract to complete the required additional service obligation as required by references (b ). h. Petitioner reenlisted on 2 February 2015 for a term of4-years. i. Petitioner submitted his final TEB application on 22 February 2015, and was approved with a 4-year service obligation ending 1 February 2019 per reference (b ). j. Petitioner voluntarily transferred to the Fleet Reserve effective 30 April 2017. k. Petitioner contends that he was waived to retire early by President Obama. As such he is requesting that obligation end date for transferring ofPost-9/11 GI Bill education benefits to his dependent daughter be waived. CONCLUSION Upon review and consideration ofall the evidence ofrecord, the Board concludes that Petitioner's request warrants favorable action. Petitioner met the basic eligibility criteria to transfer Post-9/11 GI Bill education benefits to eligible dependents; however, he failed to complete the required administrative requirements outlined in reference (b) prior to submitting his TEB application. The Board found that had the Petitioner been given clear and timely guidance regarding the reasons for his denied applications, he would have followed the proper steps to successfully transfer his benefits. Although the proper administrative requirements were not completed by the Petitioner, the Board felt that under these circumstances, a measure of relief is warranted. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner executed a NAVPERS 1070/601, Immediate Reenlistment Agreement contract on 7 March 2012 for a 4-year term. NAVPERS 1070/601, Immediate Reenlistment Agreement contract executed on or about 30 August 2013 for a 3-year term is void. Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner's TEB application, and it was approved on 13 March 2012. Note: Petitioner submitted a TEB application on 13 March 2012. Petitioner's transfer ofPost-9/11 GI Bill obligation end date is 6 March 2016. 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 behalfofthe Secretary ofthe Navy. Executive Director