DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 10662-19 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) MARADMIN 0421/09 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 this Board requesting, in effect, that the applicable naval record be corrected to have Post 9/11 GI Bill obligation date adjusted. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on February 28, 2020 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 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 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), members eligible for retirement on or after 1 August 2012 the option to transfer a service member’s unused education benefits to an eligible dependent requires an additional 4-year service obligation at the time of election. d. Petitioner’s Pay Entry Base Date was 27 August 1996. e. On 4 December 2009, Petitioner executed DD Form 4, Enlistment/Reenlistment Document for a term of 5-years and 3-months. End of Current Contract (ECC): 3 March 2015. f. On 4 June 2013, Petitioner submitted Transfer of Education Benefits (TEB) application and signed Post-9/11 Educational Benefits Transferability Commitment and Statement of Understanding acknowledging the 4-year additional service obligation and the consequences of not completing the obligation. g. On 24 July2013, Petitioner’s TEB application was approved with an obligation end date of 4 June 2017. h. On 16 July 2013, Petitioner signed NAVMC 321A, Agreement to Extend Enlistment of a term of 23-months “to qualify for the transferability of Post-9/11 GI Bill education benefits.” ECC changed to 3 February 2017. i. On 31 August 2016, Petitioner voluntarily transferred to the Fleet Marine Corps Reserve. 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 voluntarily retired prior to completing the service obligation in accordance with reference (b). The Board found that Petitioner provided sufficient contention of receiving improper counseling that enabled his decision to retire before completing the service obligation and therefore under these circumstances, a measure of relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /2-months, /3-months, /10-months and New/10-months through the MilConnect TEB portal on 1 August 2012 vice 4 June 2013. Petitioner, in coordination with his command completed the required Statement of Understanding on 1 August 2012 vice 5 June 2013 and submitted it to Commandant of the Marine Corps (CMC) for inclusion in the Petitioner’s Official Military Personnel File. CMC reviewed the Petitioner’s TEB application, and it was approved on 1 August 2012 with a 4-year service obligation. 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. 5/21/2020