DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6266-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. §1552 (b) DODI 1341.13 dtd 31 May 2013 Encl: (1) DD Form 149 w/attachments (2) Subject’s naval record 1. Pursuant to the provisions of reference (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 , reviewed Petitioner’s allegations of error and injustice on 25 October 2019 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. 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 of record 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 110-252) 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 of service 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 of the law were widely available beginning in summer 2008 but specific implementing guidance was not published until summer 2009. c. In accordance with reference (b), service members who elect to transfer Post-9/11 GI Bill education benefits after 1 August 2013 incur an additional 4-year service obligation in the Military Service (active duty or Selected Reserve). d. Petitioner submitted his Transfer of Education Benefits (TEB) application on 9 January 2014. e. Petitioner reenlisted on 6 March 2014 for a term of 4-years. f. Petitioner’s TEB application was approved on 27 March 2014, with an obligation end date (OED) of 9 January 2018. g. Petitioner transferred to the on 30 November 2017. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action. Petitioner was approved to transfer Post-9/11 GI Bill education benefits; however, he retired over 1-month prior to completing his service obligation. Although proper administrative requirements were not completed by Petitioner, the Board found that had he received clear counseling from his command regarding transfer of Post-9/11 GI Bill education benefits service obligation, he would have elected to request transfer to the FMCR after his service OED of 9 January 2018 vice retiring on 1 December 2017. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner, in coordination with his command completed the required Statement of Understanding on 1 December 2013 and submitted it to Commandant of the Marine Corps (CMC) for inclusion in the Petitioner’s Official Military Personnel File. Petitioner elected to transfer unused education benefits to 6-months through the MilConnect TEB portal on 1 December 2013. CMC reviewed Petitioner’s TEB request and it was approved on 1 December 2013 with a 4-year service obligation end date. 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.