DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Docket No. 851-18 JUL O2 2018 Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) Subject's naval record 1. Pursuant to the provisions ofreference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish eligibility to transfer Post 9/11 GI Bill benefits to his dependent. 2. The Board, consisting ofreviewed Petitioner's allegations oferror and injustice on 26 April 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 your 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 regulations within the Department ofthe Navy. b. On 1 August2009, Post 9111 GI Bill transferability came into effect. 38 U.S.C. §3319, NAVADMIN 203/09 and NAVADMIN 187/09 established program requirements, including the assignment of additional obligated service beginning on the date of transfer. Enlisted service members were required to submit their transfer of education benefits (TEB) request in connection with their reenlistment to ensure that there was sufficient time on contract to cover the additional period of obligated service. c. Petitioner submitted a request to the Board for Correction ofNaval Records (BCNR) requesting to void his 19 month enlistment extension and instead allow him to enter a 4 year enlistment contract to authorize entitlement to a zone "B" SRB. The BCNR granted Petitioner's request on 15 September 2017 and the enlistment term was backdated to 3 October 2016. CONCLUSION Upon review and consideration ofall the evidence ofrecord, the Board finds the existence ofan injustice warranting the following corrective action. Petitioner's request to void his extension and instead enter into a 4 year reenlistment contract was granted by the BCNR. However, because the contract was backdated, the Petitioner was robbed ofthe opportunity to submit his TEB request in coordination with his date of reenlistment, as required by the Post 9111 GI Bill program. The Board concluded that because Petitioner lost the opportunity to make a timely TEB request due to the backdating of the enlistment contract due to no fault of his own, relief is warranted in this case. RECOMMENDATION That Petitioner's naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused educational benefits through the MilConnect Transfer of Educational Benefits (TEB) web application on 3 October 2016. The Navy Personnel Command (NPC) reviewed the Petitioner's TEB application and it was approved on 3 October 2016. Petitioner incurred a 4 year period of additional obligated service. Upon completion of the above changes, NPC will execute an approved TEB application reflecting the transfer information. 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' · g in the ove entitled matter. 5. Pursuant to the delegation ofauthority set out in ction (e) of the revised Procedures of the Board for Correction ofNaval 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.