DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 


Docket No. 2006-18 

OCT 29 2018 

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

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 10 U.S.C. §1552 
     (b) DTM 09-003 of22 Jun 09 
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-9/11 GI Bill education benefits to her eligible dependents.

2. The Board, consisting of , reviewed Petitioner's allegations oferror and injustice on 20 July 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 Petitions naval records, 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 ofthe 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 ofthe 
essential components ofthe law were widely available beginning in summer 2008 but specific 
implementing guidance was not published until summer 2009. 

c. Per reference (b ), education benefits may not be transferred to a new dependent or a 
dependent with "O" months allocated once the transferor is no longer a member ofthe Armed 
Forces. 

d. Petitioner submitted her Transfer ofEducation Benefits (TEB) application on 5 August 
2009, and it was also approved that same day by the Service provider with no service obligation 
end date required. 

e. Petitioner reached 20 years oftotal active service on 21 February 2010. 

f. Petitioner transferred to the Fleet Reserve effective 28 February 2010. 

CONCLUSION 

Upon review and consideration of all the evidence ofrecord, the Board finds the existence ofan 
injustice warranting the following corrective action. Petitioner was approved to transfer Post9111 
GI Bill education benefits; however, she erroneously allocated all 36 months of benefits to 
eldest daughter, vice splitting benefits with her youngest daughter 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 her command regarding the inability to distribute the education benefits upon retiring, she would have taken the appropriate action prior to her transfer to the Fleet Reserve on 28 February 2010. 

RECOMMENDATION 

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

Petitioner allocated the transfer ofunused education benefits to , and 
, through the MilConnect Transfer ofEducational Benefits (TEB) portal on 5 August 2009. 

Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner's TEB request and 
it was approved on 5 August 2009. Note: PERS-314 shall ensure a surrogate transfer is 
completed reflecting the approved aforementioned allocations. 

A copy ofthis Report ofProceedings 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 ofthe Board's P. cee gs 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 
having assured compliance with its provisions, it is hereby announced that the foregoing