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

Docket No. 6265-18 
Ref: Signature Date 

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 14 June 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 authorization to transfer education benefits to your dependents.  The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contentions that you were not properly informed of the procedures at the time of your retirement, you believe the problem was because the process was new, and you were not informed of the requirements until you attempted to request to use the benefits.  The Board noted that you retired from active duty on 30 June 2009 and the Post-9/11 Veterans Education Assistance Act (Post-9/11 GI Bill, Public Law 110-252) was signed into law on 30 June 2008, and became effective on 1 August 2009.  One of the main requirements of transferability is that members must be on active duty or in the Selective Reserve at the time they elect to transfer their Post-9/11 GI Bill benefits to their dependents.  The Board determined that you were not on active duty on or after 1 August 2009 therefore, you are not eligible to transfer your Post 9/11 GI Bill benefits. 

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, 


9/20/2019