Docket No.  10794
Ref: Signature Date
 
Dear Sergeant ,  
  
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 November 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies.   
 
You requested to establish eligibility to transfer Post-9/11 GI Bill education benefits to your eligible dependents.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded you do not meet the eligibility requirements to transfer Post-9/11 GI Bill education benefits in accordance with Department of Defense Instruction 1341.13 and Marine Corps Administrative message 704/13.  The ability to transfer education benefits to eligible dependents requires service members to have at least 6-years of service in the Military Services (active duty or Selected Reserve) on the date of approval and agree to serve 4-additional years in the Military Services from the date of election.  The provisions in the policies that authorize members to have an adjusted service obligation when prohibited from completing a 4-year obligation because of Marine Corps policy, Department of Defense policy or federal statute required at least 10-years of service in the Military Services.  Our records in indicate you had 5-years, 11-months and 13-days of service and therefore do not meet the aforementioned criteria. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
  
Sincerely,