DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8869-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) MARADMIN 0421/09 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 Post-9/11 GI Bill education benefits to his eligible dependents effective March 2012. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 20 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 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 regulationswithin 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, unless the Service member was retirement eligible as of 1 August 2009. d. Petitioner became eligible to be transferred to the Retired Reserve on 20 May 2004. e. Petitioner was transferred to the Retired Reserve on 31 May 2016. 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 his eligible dependents, but he failed to sign a statement of understanding and complete the TEB application process as outlined in reference (b). However, the Board found that, had Petitioner received clear guidance regarding the process to transfer Post-9/11 GI Bill education benefits, he would have submitted the transfer request in a timely manner. 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, in coordination with his command, completed the required Statement of Understanding and submitted it to the Commandant of the Marine Corps (CMC) for inclusion in his official military personnel file on 1 August 2009. The CMC reviewed Petitioner’s TEB application, and it was approved in a timely manner. 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.