DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6664-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) BUPERSNOTE 1780 of 7 Apr 10 Encl: (1) DD Form 149 w/attachments 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting, in effect, that his naval record be corrected to establish his eligibility to transfer his Post-9/11 GI Bill education benefits to his eligible dependents effective 21 September 2014. 2. allegations of error and injustice on 11 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 enclosure, 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 regulation 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 1 August 2009. The Act 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), the option to transfer a Service member’s unused education benefits to an eligible dependent requires at least 6 years of active duty or Selected Reserve (SELRES) status and requires an additional 4-year service obligation at the time of election. d. Petitioner’s pay entry base date is 30 May 2008. However, his SELRES status began on 10 June 2008. e. On 20 February 2014, NAVPERS 1070/613, Administrative Remarks (Montgomery GI Bill Statement of Understanding) was entered into Petitioner’s electronic service record (ESR). f. On 27 July 2017, NAVPERS 1070/613, Administrative Remarks (Transfer of Post-9/11 G.I. Bill Benefits) was entered into Petitioner’s ESR. g. Petitioner submitted a Transfer of Education Benefits (TEB) application on 27 July 2017. The request was approved with an obligation end date of 26 July 2021. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. Petitioner met the basic eligibility criteria to transfer his Post-9/11 GI Bill education benefits to his eligible dependents. Although Petitioner’s command failed to complete the required administrative requirements outlined in reference (b), the Board found that Petitioner provided sufficient documentation reflecting his intent earlier than 27 July 2017 to transfer his education benefits. Accordingly, the Board determined that, under the circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner, in coordination with his command, completed the required NAVPERS 1070/613, Administrative Remarks on 21 September 2014 and submitted it to the Commander, Navy Personnel Command for inclusion in his official military personnel file. Petitioner elected to transfer his unused education benefits to one month and 35 months through the MilConnect TEB portal on 21 September 2014 instead of 27 July 2017. Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB request, and it was approved on 21 September 2014 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.