Docket No. 10231-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) NAVADMIN 203/09 of 11 Jul 09 (c) BUPERSNOTE 1780 of 7 Apr 10 (d) 38 U.S.C. § 33 (e) DODI 1341.13 of 12 Jul 18 Encl:(1) DD Form 149 w/attachments (2) Member Data Summary (3) BEAST Service Member History (4) NSIPS Administrative Remarks Screenshot 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of naval Records (Board), requesting that his naval record be corrected to establish his entitlement to transfer his Post-9/11 GI Bill education benefits to his eligible dependents effective 21 September 2010. 2. The Board reviewed Petitioner’s allegations oferror and injustice on 8 November 2019 and, pursuant to its regulations, determined that no corrective action is warranted based on the available evidence of record. The names and votes of the members of the panel will be furnished upon request. As noted below, the Executive Director believes, contrary to the Board, that relief is appropriate. Documentary material considered by the Board consisted of the enclosures (1) through (4), 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 regulation 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 Act 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 references (b) and (c), the option to transfer a Service member’s unused education benefits to an eligible dependent required an additional 4-year service obligation at the time of election for those who were eligible for retirement on or after 1 August 2012. Additionally, the policies outlined, members were directed to ensure the required NAVPERS 1070/613, Administrative Remarks, was reflected in their electronic service record (ESR) prior to making an election to transfer Post-9/11 GI Bill entitlement. Furthermore, the policy advised members to periodically check the status of this application and if disapproved, take corrective action and reapply. d. Petitioner’s active-duty service date is 31 May 1995. See enclosure (2). e. Petitioner submitted his Transfer of Education Benefits (TEB) application on 21 September 2010, and the Service disapproved the TEB application the same day, indicating, “service member has not committed to the required additional service time.” See enclosure (3). f. Petitioner signed the “Post9-11 GI BILL, REAP and MGIB-SR Transferability Policy and for Retire Eligible Member” NAVPERS 1070/613, Administrative Remarks, on 16 July 2018. See enclosure (4). g. Petitioner submitted his second TEB application on 25 July 2018. The Service disapproved the TEB application on 3 August 2018, indicating, “service member needs to contact Service Representative to resolve status.” See enclosure (3). h. Petitioner submitted his third TEB application on 26 September 2018. The Service disapproved the TEB application on 1 October 2018, indicating, “service member has not committed to the required additional service time.” See enclosure (3). i. Petitioner submitted his final TEB application on 24 January 2019, and the Service approved the request on 25 January 2019 with an obligation end date of 23 January 2023. See enclosure (3). BOARD CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that Navy Transferability of Post-9/11 GI Bill policies clearly outlined the requirements and procedures to transfer education benefits, and, accordingly, relief is not warranted. BOARD RECOMMENDATION That Petitioner’s request for correction to his record be denied, and that no corrective action be taken. EXECUTIVE DIRECTOR CONCLUSION Taking into account the findings of the Board, the Executive Director finds that corrective action is nevertheless warranted in Petitioner’s case, in consideration of reference (d). Reference (d) authorizes the Secretary to permit Service members the ability to transfer unused education benefits to their eligible dependents to promote recruitment and retention upon agreeing to serve an additional 4 years of service as a member of the Uniformed Services. The Executive Director concurred that references (b) and (c) defined the requirements for members to transfer their education benefits. However, the Executive Director disagreed with the Board’s recommendation that no further corrective action be taken. In this regard, the Executive Director noted that Petitioner met the basic eligibility criteria to transfer his Post-9/11 GI Bill education benefits, and he attempted to complete the process of transferring the benefits to his eligible dependents but failed to complete the administrative requirements. Petitioner continues to serve—almost 10 years after his initial request, thus meeting the spirit and intent of the 4-year additional service obligation outlined in reference (d). In view of the above, the Executive Director recommends the following corrective action. EXECUTIVE DIRECTOR RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner, in coordination with his command, completed the required NAVPERS 1070/613, Administrative Remarks, on 21 September 2010 and submitted it to the Commander, Navy Personnel Command, for inclusion in his official military personnel file. The Commander, Navy Personnel Command (PERS-314), reviewed Petitioner’s TEB application, and it was approved on 21 September 2010 with a 4-year service obligation. Petitioner elected to transfer his unused education benefits through the MilConnect TEB portal on 21 September 2010. Petitioner elected to transfer his unused education benefits to on 1 March 2013 through the MilConnect TEB portal. Note: In accordance with reference (e), Petitioner is authorized to modify the number of months of the transferred benefits before and after retirement. Note: In accordance with reference (e), Petitioner is authorized to modify the number of months of the transferred benefits before and after retirement. 4. It is certified that a 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. The foregoing action of the Board is submitted for your review and action.