Docket No. 11482-19  
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) MARADMIN 0421/09 dtd 15 Jul 09 
     (c) Title 38 U.S.C. § 33 

Encl:(1) DD Form 149 
     (2) DD Form 214 
     (3) BEAST Service Member History 
     (4) BEAST Family History 

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. Petitioner applied, and was approved to transfer education benefits.  However, Petitioner contends, he was informed that he could leave the allocation at “0” until he determined how to distribute the education benefits amongst eligible dependents. 

2.  The Board, reviewed Petitioner’s allegations of error and injustice on 14 February 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 (1) through (4), 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, finds as follows: 

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 

b.  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. 

c.  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 for those eligible for retirement on 1 August 2009. Additionally, the aforementioned policy indicates after retirement or separation from the Armed Forces, the veteran may only modify or revoke transferred entitlement for existing designated dependents.  

d.  Petitioner’s Armed Forces Active Duty Base date was 14 December 1987.  See enclosure (2). 

e.  Petitioner earned 20 years of active service on 13 December 2007.  See enclosure (2). 

f.  Petitioner  submitted Transfer of Education Benefits (TEB) application on 15 February 2011, and on 19 February 2011 was approved without an additional service obligation in accordance with reference (b). See enclosure (3). 

g.  Petitioner allocated 24-months of education benefits to his spouse on 15 February 2011.  See enclosure (4). 

h.  Petitioner transferred to the Fleet Marine Corps Reserve on 30 November 2014.  See enclosure (2). 

BOARD CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that Marine Corps Transferability of Post-9/11 GI Bill policy clearly outlined the requirements and procedures to allocate education benefits to eligible dependents, and, accordingly, relief is not warranted.  

BOARD RECOMMENDATION 

That Petitioner’s request for correction to record be denied, and that no corrective action be taken. 

EXECUTIVE DIRECTOR CONCLUSION 

Taking into account the findings of the Board, the Executive Director finds that corrective action is nevertheless warranted in Petitioner’s case, in consideration of reference (c).  Reference (c) authorizes the Secretary to permit Service members the ability to transfer unused education benefits to their eligible dependents to promote recruitment and retention for the Uniformed Services. 

The Executive Director concurred that reference (b), defined the requirements for members to allocate education benefits to eligible dependents.  However, the Executive Director disagreed with the Board’s recommendation that no further corrective action be taken. In this regard, the Executive Director noted that Petitioner was approved to transfer Post-9/11 GI Bill education benefits; however, he failed to allocate benefits to each of his dependents prior to retiring.  Although the Petitioner did not complete the proper administrative requirements, he had four dependents (spouse and three children) prior to 1 August 2009; meeting the spirit and intent of transferring education benefits to dependents outlined in reference (c). In view of the above, the Executive Director recommends the following corrective action. 

EXECUTIVE DIRECTOR RECOMMENDATION 

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

Petitioner elected to transfer unused education benefits to /10-months, and /1-month through the MilConnect TEB portal on 15 February 2011.  

Commandant of the Marine Corps (CMC) reviewed the Petitioner’s TEB request and it was approved on 15 February 2011 without an additional service obligation. 
Note:  CMC shall ensure a surrogate transfer is completed reflecting the approved abovementioned allocations. 

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.  The foregoing action of the Board is submitted for your review and action. 



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