Docket No. 10696-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO , USNR RET, Ref: (a) Title 10 U.S.C. § 1552 (b) NAVADMIN 203/09 (c) DODI 1341.13 (d) OPNAVINST 1780.4 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 establish eligibility to transfer Post-9/11 GI Bill education benefits to eligible dependents effective 1 August 2009. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 16 July 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. 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 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 a 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. b. In accordance with reference (b), the option to transfer a Service member’s unused education benefits to an eligible dependent required a 1-year additional service obligation at the time of election for those eligible to retire after 1 August 2009 and before 1 August 2010. Additionally, the policy indicated officers eligible for an adjusted service obligation listed on the message did not require a NAVPERS 1070/613, Administrative Remarks. c. Reference (c), discontinued the adjustment of additional service obligations for those eligible for retirement on or after 1 August 2009 and before 1 August 2012. After 1 August 2013, all Service members electing to transfer education benefits to an eligible dependent required a 4-year additional service obligation at the time of election. Subsequently, reference (c), published the administrative requirements for Navy personnel to transfer education benefits. d. Petitioner earned 20 total years of qualifying service on 18 August 2009. e. Petitioner submitted Transfer of Education Benefits (TEB) application on 3 May 2018. The Service disapproved request on 4 May 2018 stating member needed to contact Service Representative to resolve status. f. “Post 9/11 Four Year Commitment” NAVPERS 1070/613, Administrative Remarks, was entered into Petitioner’s ESR on 21 May 2018. g. Petitioner resubmitted TEB application on 24 May 2018. The Service approved the application on 30 May 2018 with an obligation end date of 23 May 2022. h. Petitioner transferred to the Retired Reserve without pay effective 1 June 2018. 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 eligible dependents; however failed to complete the administrative requirements per reference (b). The Board found that had the Petitioner received clear guidance, he would have completed the process to transfer education benefits to eligible dependents in August 2009. Although Petitioner did not complete the correct administrative requirements, the Board felt that under these circumstances, relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /36-months, through the MilConnect TEB portal on 1 August 2009. Commander, Navy Reserve Forces Command (N1) reviewed Petitioner’s TEB application, and it was approved on 1 August 2009 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 9/17/2020 Deputy Director