Docket No. 11411-19  
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) BUPERSNOTE 1780 

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 the 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 April 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 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. 

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, an individual may not add dependents after retirement or separation from the Armed Forces.  However, they may modify the number of months of the transferred benefits after retirement or separation for those dependents who received transferred benefits prior to separation or retirement. Additionally, no additional service was required for service members eligible for retirement on prior to 1 August 2009. 

c.  Petitioner earned 20 total years of qualifying service on 19 August 2009. 

d.  Petitioner  submitted Transfer of Education Benefits (TEB) application on 10 July 2010, and was approved the same day with an obligation end date of 1 August 2009. 

e.  Petitioner transferred to the Retired Reserve without-pay on 1 July 2011. 

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 failed to allocate benefits to each of his dependents prior to retiring.  Although Petitioner did not complete the proper administrative requirements, the Board found that had Petitioner received clear counseling regarding the inability to distribute education benefits upon retiring, he would have taken the appropriate action prior to retiring on 1 July 2011.  

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner, in coordination with his command, completed the required NAVPERS 1070/613, Administrative Remarks, on 1 July 2010 and submitted it to the Commander, Navy Personnel Command, for inclusion in Petitioner’s official military personnel file. 

Petitioner elected to transfer unused education benefits to /1-month and /1-month through the MilConnect TEB portal on 1 July 2010 (vice 10 July 2010). 
Commander, Navy Reserve Forces Command (CNRFC N1) reviewed the Petitioner’s TEB request and it was approved on 1 July 2010 (vice 12 July 2010) with a 1-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.