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

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) NAVADMIN 203/09 dtd 11 Jul 09 
 
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 30 August 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), during the period of 1 August 2009 through 1 August 2012, those eligible for retirement on 1 August 2009, no additional service was required. 
 
     d.  Petitioner was mobilized from 12 August 2002 through 28 March 2003.  
 
     e.  Petitioner earned 20 total years of qualifying service (TYQS) for retirement on 26 March 2006. 
 
     f.  Petitioner was assigned to NR RMB  (RUIC: ) in a Selected Reserve status effective 1 January 2007. 
 
     g.  Petitioner was mobilized from 4 January 2008 through 30 October 2008. 
 
     h.  Petitioner submitted his Transfer of Education Benefits (TEB) application on  
8 March 2010.  The request was denied the same day for not having qualifying Post-9/11 active service time. 
 
     i.  Petitioner was transferred to the NR   (subset of Individual Ready Reserve) effective 1 December 2011. 
 
     j.  Petitioner transferred to the Retired Reserve effective 10 January 2014.  
                                   
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  Petitioner met the eligibility criteria to transfer Post-9/11 GI Bill education benefits to his eligible dependents in accordance with reference (b).  As such, the Board concluded his TEB application was erroneously denied and therefore, under these circumstances, a measure of relief is warranted.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected to transfer unused education benefits to 36-months through the MilConnect TEB portal on 8 March 2010.   
 
Commander, Navy Reserve Forces Command reviewed the Petitioner’s TEB request and it was approved on 8 March 2010 without a service obligation. 
 
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.