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) NAVADMIN 203/09 dtd 11 Jul 09 
 (c) DODI 1341.13 dtd 31 May 13 
 (d) BUPERSNOTE 1780 dtd 15 Aug 14 
 
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 dependent. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 15 October 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 did not require an additional service obligation at the time of election for those eligible to retire on 1 August 2009.  However, all request to transfer education benefits on or after 1 August 2013, required an additional 4-year service obligation at the time of election per references (c) and (d).  Additionally, reference (d), required enlisted personnel to have sufficient time on contract to meet the additional service requirement prior to initiating their electronic transfer election. 
 
     c.  Petitioner completed 20 years of active service on 20 September 2007.   
 
     d.  Petitioner submitted Transfer of Education Benefits (TEB) applications on 13 October 2015 and 12 July 2019.  The Service rejected both applications stating Petitioner had not committed to the required additional service time. 
 
     e.  Petitioner was involuntarily transferred to the Retired List effective 1 January 2020 as a result of reaching high year tenure gate. 
 
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 Petitioner received clear guidance, he would have completed the electronic transfer election process to transfer education benefits to eligible dependent in a timely manner.  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 /35-months through the MilConnect TEB portal on 1 August 2009.   
 
Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB application and it was approved on 1 August 2009 without a 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.