Docket No. 11174-19
Ref: Signature Date 

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD ICO    XXX XX USMCR RET 
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DTM 09-003 
       (c) MARADMIN 0421/09  
 
Encl:   (1) DD Form 149 w/attachments 
        (2) HQMC memo 7220 MPO of 29 Oct 20 
        (3) 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 3 December 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 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 references (b) and (c), the option to transfer a Service member’s unused education benefits to an eligible dependent did not require and additional service obligation at the time of election for those eligible to retire on 1 August 2009.  Additionally, reference (b) specifies, eligible individual entitlements expire at the end of a 15-year period beginning on the Service member's last date of discharge of release from active duty of a least 90 consecutive days (30 days if released or discharged for service-connected disability).      
 
     c.  Petitioner earned 20 total years of qualifying service on 22 December 2001. 
 
     d.  Petitioner transferred to the Retired Reserve awaiting pay at age 60 effective 1 September 2014. 
 
     e.  On 31 October 2019, Department of Veterans Affairs issued Petitioner Certificate of Eligibility indicating 21 months of full-time benefits remaining, delimiting date of 7 January 2021 and 100 percent of benefits payable under the Post-9/11 GI Bill program. 
 
     f.  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. 
                                
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 references (b).  The Board found that had the Petitioner received clear guidance, he would have completed the process to transfer education benefits to eligible dependents prior to retiring.  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 11-months and     10-months through the MilConnect Transferability of Education Benefits (TEB) portal on 1 August 2009.   
 
Petitioner, in coordination with his command completed the required Statement of Understanding on 1 August 2009 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 2009 with no additional service obligation required. 
                                                         
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.