DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4747-18 JUN 17 2018 From: Chairman, Board for Correction of Naval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. § 1552 (b) NAVADMIN 203/09 dtd 11 Jul 09 Encl: (1)DD Form 149 w/attachments (2) NPC Ltr 1780 (3) Subject's naval record I. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (I) 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 , reviewed Petitioner's allegations oferror and injustice on 15 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 ofthe enclosures, relevant portions of Petitioner's 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. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner's application has commented to the effect that the request has merit and warrants favorable action. c. The Post-9111 Veterans Educational Assistance Act (Post-9/11 GI Bill, Public Law 110252} was signed into law on 30 June 2008 and became effective on I 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. d. In accordance with reference (b ), the option to transfer a service member's unused education benefits to an eligible dependent required an additional I-year service obligation at the time ofelection for those eligible for retirement after 1 August 2009 and before 1 August 2010. e. Petitioner reached 20 total years ofactive service on 18 May 2010. f. On 25 July 2011,Official Retirement Orders were generated indicating Petitioner was authorized to retire in August 2012. g. Petitioner submitted a Transfer ofEducation Benefits (TEB) applicatioll'on 15 February 2012. h. Petitioner's TEB application was approved by Commander, Navy Personnel Command (PERS-314) on 16 February 2012 with a service obligation end date of 14 February 2013. i. Petitioner transferred to the Retired Reserve effective 31 August 20I2. CONCLUSION Upon review and consideration ofall the evidence of record, and especially in light of the contents ofenclosure (2), the Board finds the existence of an injustice warranting the following corrective action. Petitioner met the basic eligibility criteria to transfer Post-9/11 GI Bill education benefits to his eligible dependents; however, he retired prior to completing his service obligation. Although the proper administrative requirements were not completed by the Petitioner, the Board found that had he been given clear counseling regarding the service obligation associated with transferring Post-9/11 GI Bill education benefits, he would have elected to transfer his education benefits prior to 15 February 2012. RECOMMENDATION ThatPetitioner's naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits through the Mil Connect TEB portal on 1 August 2009 vice 15 February 20I2. Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner's TEB application, and it was approved on 1 August2009 (vice 16 February 2012) with a 1-year service obligation end date. A copy ofthis Report of Proceedings will be filed in Petitioner's naval record. 4. It is certified that quorum was present at the Board's revi wand deliberations, and that the foregoing is a true and complete record ofthe Bo d's e ings in he above entitled matter. 5. Pursuant to the delegation ofauthority set o the 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 corrective action, taken under the authority ofreference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy. Executive Director