DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 9164-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. §1552 (b) DTM 09-003 dtd 22 Jun 09 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 the Board for Correction of Naval Records (Board) requesting, in effect, that the applicable naval record be corrected to establish eligibility to transfer 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 14 June 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 Petitions naval records, 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 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 bill 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), an individual may not add dependents after retirement or separation from the Armed Forces, but may modify the number of months of the transferred benefits after retirement or separation for those dependents who had received transferred benefits prior to separation or retirement. d. Petitioner submitted his Transfer of Education Benefits (TEB) application on 11 June 2010. Note: Petitioner successfully transferred 10-months of education benefits to his spouse; however, he did not make an allocation to his other dependents. e. On 5 August 2010, Service approved Petitioner’s request to TEB with an obligation end date of 11 June 2014. f. Petitioner transferred to the Temporary Disability Retired List effective 30 December 2012. 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 was approved to transfer Post­9/11 GI Bill education benefits; however, he failed to allocate benefits to each of his dependents prior to transferring to the Temporary Disability Retired List (TDRL). Furthermore, the Service provider approved his request on 5 August 2010 with an Obligated End Date of 11 June 2014; however, Petitioner was transferred to the Temporary Disability Retired List (TDRL) on 30 December 2012. Therefore, Petitioner’s service obligation date should have been adjusted to reflect his date of transfer to the TDRL. Although the proper administrative requirements were not completed by the Petitioner, the Board found that had the Petitioner been given clear counseling from his command regarding the inability to distribute the education benefits upon his transfer to the TDRL, he would have taken the appropriate action prior to being transferred to the TDRL effective 30 December 2012. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /1-month and to /1-month through the MilConnect TEB portal on 11 June 2010. Commandant of the Marine Corps reviewed the Petitioner’s TEB application and it was approved on 5 August 2010 with a service obligation of 30 December 2012. Note: In accordance with Department of Defense Directive-Type Memorandum 09-003, Petitioner is authorized to modify the number of months of the transferred benefits after retirement. 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. 9/20/2019