DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 1775-18 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Ref: (a) Title 10 U.S.C. §1552 

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-9/1 1 GI Bill education benefits to his eligible dependents. 

2. The Board, consisting of , reviewed Petitioner's 
allegations oferror and injustice on 8 June 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 of the enclosures, relevant portions of 
Petitioner's naval record, 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 of the 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 of the 
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 Department of Defense Directive-Type Memorandum 09-003, 
education benefits may not be transferred to a new dependents or a dependent with "O" months 
allocated once the transferor is no longer a member ofthe Armed Forces. 

d. Petitioner reached 20 years of total active service on 10 April 2010. 

e. Petitioner submitted his Transfer of Education Benefits (TEB) application on 
16 June 2010. 

f. On 16 June 2010, the Service approved the Petitioner's TEB application with a 1 July2010 
service obligation end date. 

g. Petitioner transferred to the Retired List effective 30 June 2010. 

CONCLUSION 

Upon review and consideration ofall the evidence of record, the Board concludes that 
Petitioner's request warrants favorable action. Petitioner was approved to transfer Post-9/11 GI 
Bill education benefits; however, he failed to allocate benefits to each ofhis dependents prior to 
retiring. Although the proper administrative requirements were not completed by the Petitioner, 
the Board found that had the Petitioner been given clear counseling from his command regarding 
the inability to distribute the education benefits upon retiring, he would have taken the 
appropriate action prior to his transfer to the Retired List on 30 June 2010. 

RECOMMENDATION 

That Petitioner's naval record be corrected, where appropriate, to show that: 

Petitioner allocated the transfer of unused education benefits to and 
through the MilConnect Transfer of Educational Benefits (TEB) portal on 16 June 2010. 

Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner's TEB request and 
it was approved on 16 June 2010. Note: PERS-314 shall ensure a surrogate transfer is 
completed reflecting the approved aforementioned allocations. 

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. 
Recorder 

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 


Executive Director