Docket No: 7782-18
Ref: Signature Date
 
Dear ,  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 17 September 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies.   
 
You request to establish eligibility to transfer Post-9/11 GI Bill education benefits to your spouse.  The Board, in its review of your entire record and application, carefully weighed all the evidence, supporting documentation, and your assertions.  However, the Board concluded that Navy guidance implementing the transfer of Post-9/11 GI Bill education benefits was published by Chief of Naval Operations Instruction (OPNAVINST) 1780.4, issued on 2 March 2015, and the Chief of Naval Personnel Notice (BUPERSNOTE) 1780, which was promulgated on 7 April 2010 and updated on 15 August 2014.  These policies outlined eligibility, processing, service obligation, and reference information germane to transferring education benefits to eligible dependents.  Specifically, the abovementioned references require you to agree to serve an additional four years from the time you submit your request to transfer the Post-9/11 GI Bill benefits to your eligible dependents, as well as requesting the transfer of benefits prior to your discharge.  A review of your record indicates that you did not meet these criteria because both your marriage and your request to transfer your Post-9/11 GI Bill benefits occurred after your discharge from the U.S. Navy, thereby rendering you ineligible to transfer your Post-911 GI Bill education benefits.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
 
Sincerely,