From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF      
Ref:    (a) Title 10 U.S.C. § 1552 
        (b) MCO 1560.25 of 01 Sep 10 
        (c) MRA MP msg 291158Z Jul 11 
        (d) MRA MP msg 3111723Z Dec 13 
 
Encl:   (1) DD Form 149 w/attachments 
 
1.  Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed the enclosure with the Board for Correction of Naval Records (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 December 6, 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 enclosure, 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, with specific implementing guidance in summer 2009. 
 
     c.  In accordance with reference (b), the option to transfer a service member’s unused education benefits to an eligible dependent requires at least 6 years of active duty and/or Selected 
Reserve (SELRES) service, and agreement to serve at least four more years of active duty and/or Selected Reserve service. 
 
     d.  Petitioner asserts that he agreed to reenlist in 2011 in order to transfer eligibility of post-9/11 GI Bill benefits and provided the required information to his Regional Administrative Chief to have it included in his re-enlistment package.  He further asserts that he inquired about the status of the Transfer of Education Benefits (TEB), including during every re-enlistment since then until it became available on MilConnect. 
 
     e.  On August 09, 2011, the Petitioner’s reenlistment request was submitted with no Career Planner comments that the request is submitted for purposes of establishing required obligated service for eligibility to transfer unused educational benefits under the post 9/11 GI Bill as required per reference (c). 
 
     f.  On August 31, 2011, Petitioner re-enlisted in the United States Marine Corps for four (4) years. 
 
     g.  On August 31, 2015, Petitioner’s extension of contract for ten (10) months became effective. 
 
     h.  On March 9, 2016, Petitioner re-enlisted in the United States Marine Corps for three (3) years. 
 
     i.  On August 11, 2016, Petitioner submitted a TEB request via MilConnect, which was denied on December 6, 2016, due to the service member not having committed to the required additional service.  The Petitioner submitted three subsequent request on May 10, 2017, November 6, 2017, and September 26, 2018.  All three requests were denied due to the service member not having committed to the required additional service. 
 
     j.  On November 26, 2018, Petitioner’s BCNR application was received. 
 
     k.  On September 30, 2019, Petitioner was transferred to the Fleet Marine Corps Reserve. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, 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, but he failed to complete the required administrative requirements outlined in reference (b).  However, the Board found Petitioner provided sufficient argument reflecting his intent to transfer his education benefits; therefore, under these circumstances, a measure of relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected to transfer unused education benefits to /1-month, and /1-month, through the MilConnect TEB portal on August 30, 2011. 
 
The Manpower and Reserve Affairs, Military Policy Branch reviewed the Petitioner’s TEB request and it was approved on August 30, 2011. 
 
Petitioner elected to transfer unused education benefits to /1-month, and /1-month, through the MilConnect TEB portal on June 17, 2019. 
 
The Manpower and Reserve Affairs, Military Policy Branch reviewed the Petitioner’s TEB request and it was approved on June 17, 2019. 
 
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.