DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6785-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. § 1552 (b) NAVADMIN 187/09 of26 Jun 09 (c) NAVADMIN 203/09 of 11 Jul 09 Encl: (1) DD Form 149 (2) BEAST Service Member History (3) NAVPERS 1070/613 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board, requesting that his naval record be corrected to establish his eligibility to transfer his 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 11 October 2018 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 records, 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-9/1 1 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. References (b) and (c) implemented Navy transferability policies. These policies provide transferability eligibility, processing, service obligation, and reference information. Reference (b) outlines the general requirement for members to incur an additional 4-year service obligation at the time of election. Additionally, reference (b) requires members to ensure their additional service obligation is properly documented in their electronic service record (ESR) prior to initiating transferability request. Furthermore, members are directed to periodically check the status of their application. If the request is disapproved, members are required to take corrective action and reapply with a new service obligation date. d. Petitioner submitted his Transfer of Education Benefits (TEB) application on 20 May 2011, 15 May 2017, 18 July 2018, and 27 July 2018. The Service disapproved all applications and indicated .. service member has not committed to the required additional service time" via the NA VPERS l 070/613, Administrative Remarks not being completed in his ESR as required by reference (b ). e. On 20 July 2018, NA VPERS 1070/613, Administrative Remarks (Transfer of Post 911 G.I. Bill Benefits) was entered into Petitioner's ESR. f. Petitioner submitted a TEB application on 21 August 2018. That request was approved with an obligation end date of 20 August 2022. MAJORITY CONCLUSION Upon review and consideration of all the evidence of record, the majority, , concluded that Petitioner's request warranted favorable corrective action. In this regard, the majority determined that Petitioner met the basic eligibility criteria to transfer his Post-9/11 GI Bill education benefits to his eligible dependents but failed to complete the required administrative requirements outlined in the references before submitting his TEB application. The Board noted that, had Petitioner been given clear and timely guidance regarding the reasons for his denied application, he would have followed the proper steps to successfully transfer his benefits. Although the proper administrative requirements were not completed by Petitioner, the Board determined that, under the circumstances, relief is warranted. MAJORITY RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner, in coordination with his command, completed the required NA VPERS 1070/613, Administrative Remarks on 20 May 2011 and submitted it to the Commander, Navy Personnel Command, for inclusion in his official military personnel file. Petitioner elected to transfer unused education benefits to /one month, one month, and /one month, through the Mil Connect TEB portal on 20 May 2011. The Commander, Navy Personnel Command (PERS-314) reviewed Petitioner's TEB request, and it was approved on 1 June 2011 with a 4-year service obligation end date. MINORITY CONCLUSION In reaching her conclusion, the minority member, , detennined that the Navy's transferability of Post-9/11 GI Bill policies clearly outlined the requirements and procedures to transfer education benefits, and that, therefore, relief was not warranted. Additionally, noted that Petitioner is still serving and has the ability to complete the required obligated service to meet the eligibility criteria to transfer his education benefits. MINORITY RECOMMENDATION That Petitioner's request be denied. A copy of this Report of Proceedings will be filed in Petitioner's naval record. 4. It is certified that a 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.