DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6908-18 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) BUPERSNOTE 1780 of 7 Apr 10 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 that her naval record be corrected to establish her eligibility to transfer Post-9/11 GI Bill education benefits to her eligible dependents effective 19 May 2014. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 September 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 regulation 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 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), all requests to transfer education benefits incur a 4-year service obligation from the date of election/approval. Additionally, in accordance with reference (b), allocation of benefits cannot occur after a Service member has retired or been discharged. d. Post-9/11 GI Bill Eligibility (Officers), NAVPERS 1070/613, Administrative Remarks was entered into Petitioner’s electronic service record (ESR) on 19 May 2014 but was not verified until 11 June 2015. e. Petitioner submitted four Transfer of Education Benefits (TEB) applications between 7 September 2017 and 31 August 2018, none of which were approved. Petitioner was directed to either contact her service representative, or the requests were denied for not having committed to the required additional service time. f. On 1 October 2018, Petitioner was transferred to the Retired List. 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 basic eligibility criteria to transfer Post-9/11 GI Bill education benefits to her eligible dependents, but she failed to complete the TEB application process as outlined in reference (b) in a timeframe that would have allowed her to serve an additional four years from the date of her request. However, the Board found that, had Petitioner received clear guidance regarding the process to transfer Post-9/11 GI Bill education benefits at the time her initial NAVPERS 1070/613, Administrative Remarks was entered into her ESR, and it had been verified in a timely manner, she would have immediately submitted the transfer request. Although Petitioner did not complete the proper administrative requirements, the Board determined that, 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 /1-month, /3-months, /3-months, and /3-months through the MilConnect TEB portal on 19 May 2014. Thwe Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB request and it was approved on 19 May 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. 1/14/2020