From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO    
 
Ref:   (a) Title 10 U.S.C. § 1552 
(b) BUPERSNOTE 1780 dtd 7 Apr 10 
 
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.  
                                              
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.  Reference (b) provided the administrative requirements to successfully transfer Post-9/11 GI Bill education benefits to eligible dependents.  Specifically, the policy required enlisted Selected Reserve (SELRES) members to have a NAVPERS 1070/613, Administrative Remarks, prepared by their command in the Navy Standard Integrated Personnel System Electronic Service Record (ESR), have sufficient time on contract to meet the additional service requirement and complete/submit electronic transfer election using the Transfer of Education Benefits (TEB) web application.   
 
    c.  Petitioner served on active duty from 21 May 1998 through 29 September 2011. 
 
    d.  Petitioner enlisted in the Navy Reserve on 1 November 2011 for term of 6-years.   
 
    e.  Petitioner served in SELRES status from 1 November 2011 through 30 June 2017.   
 
    f.  TEB NAVPERS 1070/613, Administrative Remarks was entered into Petitioner’s ESR on 4 December 2011 and verified on 24 October 2012. 
 
    g.  Petitioner was discharged on 30 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 December 2011.  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 /1-month,  /1-month, /1-month, and /1-month, through the milConnect TEB portal on 4 December 2011.   
 
Commander, Navy Reserve Forces Command (N1) reviewed Petitioner’s TEB application, and it was approved on 4 December 2011 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.