Docket No. 10368-19 
Ref: Signature Date 

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 relevant portions of your naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2020.  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 requested to establish eligibility to transfer Post-9/11 GI Bill education benefits to eligible dependents.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that Navy Administration (NAVADMIN) message 187/09, released on 26 June 2009 and NAVADMIN 203/09, released on 11 July 2009, published Navy guidance implementing the transfer of Post 9/11 GI Bill education benefits.  Subsequently, Chief of Naval Personnel Notice (BUPERSNOTE) 1780 was promulgated on 7 April 2010 with several updates thereafter.  These policies outlined eligibility, processing, service obligation, and reference information germane to transferring education benefits to eligible dependents.  Specifically, BUPERSNOTE 1780 indicates, the option to transfer a Service member’s unused education benefits to an eligible dependent requires a 4-year additional service obligation at the time of election for those eligible to retire on or after 1 August 2012. Additionally, all officers were required to have a NAVPERS 1070/613, Administrative Remarks (Page 13), prepared by their command in the Navy Standard Integrated Personnel System Electronic Service Record (ESR), agreeing to serve the required additional years of service prior to initiating their electronic transfer election.  Furthermore, the policy directed members to periodically check the status of their application.  If the request was disapproved, members were required to take corrective action and reapply with a new service obligation end date. Moreover, if the transferor fails to complete the additional service obligation, the right to transfer education benefits is forfeited. 

A review of your record in indicates, you submitted your Transfer of Education Benefits (TEB) application on 5 July 2012 and 18 July 2012 without the required Page 13 in your ESR, resulting in the Service disapproving both requests.  On 20 July 2012, the “Post 9-11 GI Bill, REAP and MGIB-SR TransferabilityOBLISERV” Page 13 was entered into your ESR.  By signing the Page 13, you acknowledged the 4-year additional service obligation from the date of election and that failure to complete the obligation may lead to a debt. There is no record of you resubmitting a TEB application.  However, on 18 October 2012, the Service resubmitted the application on your behalf and initially gave you an erroneous obligation end date (OED) of 18 October 2015, but a correction was made the same day that changed the OED to 18 October 2016. Subsequently, you voluntarily transferred to the Retired Reserve without pay on 30 June 2015, prior to your OED, thereby forfeiting your ability to transfer Post-9/11 GI Bill education benefits and incurring a debt for payments made. 

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.  

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