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

Docket No. 4239-18 
OCT 29 2018 

From: Chairman, Board for Correction of Naval Records 

To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 10 U.S.C. §1552 
     (b) NAV ADMIN 203/09 

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 his eligible dependents. 

2. The Board, consisting of ,   ,    and  , 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 ofthe 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 1August2009. 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 reference (b), the option to transfer a service member's unused education benefits to eligible dependents required an additional 4-year service obligation at the time ofelection for those that were eligible for retirement on or after 1 August 2012. However, there were provisions in the policy that indicated if a member was prohibited from completing their service obligation as a result ofNavy, Department ofDefense policy or federal statute the obligation would be adjusted to the maximum amount oftime allowed by that policy or statute. 

d. Petitioner submitted a Transfer ofEducation Benefits (TEB) application on 14 December 2009, and was approved with a 4-year service obligation ending 14 December 2013. 

e. On 22 October 2012, the Service adjusted Petitioner's TEB obligation end date to 30 September 2012. 

f. Petitioner earned 20 total years of qualifying service on 19 August 2012. 

g. Petitioner transferred to the Retired Reserve effective 1 October 2017. 

CONCLUSION 

Upon review and consideration ofall the evidence ofrecord, the Board finds the existence of an injustice warranting the following corrective action. Petitioner was approved to transfer Post9/11 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 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 transferring to the Retired Reserve effective 1 October 2017. 

RECOMMENDATION 

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

Petitioner allocated the transfer of unused education benefits to    /24-months, and    /12-months through the MilConnect TEB portal on 14 December 2009. 

Commander, Navy Reserve Forces Command (CNRFC) reviewed Petitioner's TEB request and it was approved on 14 December 2009. Note: CNRFC 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.

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. 

Executive Director