DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7301-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) DTM 09-003 of 22 Jun 09 (c) NPC msg 280015Z Aug 14 (d) NPC msg 230138Z Oct 14 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 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 4 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 required an additional 4-year service obligation at the time of election for those who were eligible for retirement on or after 1 August 2012. However, reference (b) provided a provision for active duty and Selected Reserve personnel with more than 10 years of service in the Armed Forces on the date of election to serve a lesser obligation if they were precluded from committing to a 4-year obligation as a result of standard policy (Service or Department of Defense) or federal statute. d. Petitioner submitted his Transfer of Education Benefits (TEB) application on 19 July 2011. e. On 23 July 2018, Petitioner’s request to TEB with an obligation end date (OED) of 27 April 2015 was approved. f. Reference (c) indicates that Petitioner’s request to transfer to the Fleet Reserve in April 2015 was disapproved, and he was directed to resubmit his retirement request for December 2014. g. Reference (d) authorized Petitioner’s transfer to the Fleet Reserve on 31 December 2014. h. Petitioner transferred to the Fleet Reserve on 31 December 2014. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. Petitioner was approved to transfer his Post-9/11 GI Bill education benefits; however, he retired 4-months before completing his service obligation. The Board found that Petitioner provided sufficient documentation reflecting that he attempted to remain on active duty beyond his OED of 27 April 2015 but was directed to retire in December 2014. Under the circumstances, the Board determined that relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: The Commander, Navy Personnel Command, adjusted the Petitioner’s OED on 23 October 2014 from 27 April 2015 to 31 December 2014. 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.