From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO   
             
  
Ref:   (a) Title 10 U.S.C. §1552 
       (b) MARADMIN 704/13 dtd 31 Dec 13 
  
Encl:  (1) DD Form 149 w/attachments 
       (2) Subject’s naval record 
 
1.  Pursuant to the provisions of reference (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 of error and injustice on 8 November 2019 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, relevant portions of Petitioner’s naval record, 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 Educational Assistance Act (Post-9/11 GI Bill, Public Law 110-252) 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 of service 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 of the essential components of the 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 eligible dependents required an additional 4-year service obligation at the time of election.  However, there are provisions in the policy that indicate if a member is prohibited from completing their service obligation as a result of Marine Corps, Department of Defense policy or federal statute the obligation will be adjusted to the maximum amount of time allowed by that policy or statute.  
 
     d.  Petitioner entered active duty on 14 January 2008. 
 
     e.  Petitioner reenlisted on 24 August 2012 for a term of 4-years. 
 
     f.  Petitioner is placed in a limited duty status from 25 February 2016 to 25 August 2016. 
 
     g.  Petitioner submitted his Transfer of Education Benefits (TEB) application on 7 November 2016. 
 
     h.  On 1 December 2016, Service rejected the TEB application indicating “Disapproved – Service Member has not committed to the required additional service time”. 
 
     i.  Petitioner submitted his final TEB application on 2 October 2017. 
 
     j.  On 19 October 2017, Service rejected the TEB application indicating “Disapproved – Service Member has not committed to the required additional service time”. 
 
     k.  Petitioner was involuntarily discharged on 29 November 2017 with a disability, not combat related.   
 
     l.  On 27 June 2018, Office of the Judge Advocate General issued Petitioner a letter indicating his appeal was granted and injuries were combat-related. 
                                  
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner met the basic eligibility criteria to transfer Post-9/11 GI Bill education benefits to eligible dependents.  However, as a result of his impending discharge, the request to transfer education benefits was disapproved.  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 DD Form 4, Enlistment/Reenlistment Document on 24 August 2012 for a term of 6-years vice 4-years. 
 
Petitioner elected to transfer unused education benefits to /18-months and /18-months through the MilConnect TEB portal on 14 January 2014.   
 
Petitioner, in coordination with his command completed the required Statement of Understanding on 14 January 2014 and submitted it to Commandant of the Marine Corps (CMC) for inclusion in the Petitioner’s Official Military Personnel File. 
 
CMC reviewed the Petitioner’s TEB application, and it was approved on 14 January 2014 with a  
4-years service obligation end date (OED).  Note:  Upon being discharged as a result of disability, CMC will ensure the OED is adjusted to the discharge date. 
 
The DD Form 214, Certificate of Release or Discharge from Active Duty executed on or about 29 November 2017 is modified to read block 12b (Separation Date this Period) “14 January 2018” vice “29 November 2017”, and block 12c (Net Active Service this Period) “10 years, 00 months and 00 days” vice “09 years, 10 months and 16 days”.  
 
A copy of this 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 foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.   Pursuant to the delegation of authority 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.