DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1159-19 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. § 1552 (b) DTM 09-003 (c) MCO 1001R.1K Encl: (1) DD Form 149 w/attachments (2) MCTFS Pay Group (3) HQMC ltr 1811 MMSR-5 of 8 Oct 10 (4) BEAST Service Member History (5) MCTFS Training and Education Data – PFT (6) MCTFS Training and Education Data – CFT (7) Annual Credit Report of 30 Jun 13 (8) Career Retirement Credit Report (9) HQMC ltr 1811 MMSR-5 of 15 Dec 14 (10) DVA ltr dtd 27 Oct 17 (11) HQMC memo 1820 MMSR of 15 Jan 20 (12) HQMC memo 1000 RAP of 31 Jan 20 (13) Petitioner’s Rebuttal Statement of 9 Mar 20 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to adjust the transfer of Post-9/11 GI Bill education benefits obligation end date (OED) and award Reserve drill point credit for retirement eligibility. 2. The Board reviewed Petitioner’s allegations of error and injustice on 13 March 2020 and, pursuant to its regulations, determined that the corrective action indicated below 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. In accordance with reference (b), the criterion to transfer education benefits to an eligible dependent for Service member’s eligible to retire after 1 August 2012 included, a 4-year additional service obligation in the active component or in the Selected Reserve (SELRES) at the time of election but excluded service completed in the Individual Ready Reserve (IRR). Additionally the policy indicates if the transferor failed to complete the additional service obligation, the right to transfer education benefits is forfeited. However, there are provisions in the policy for active duty and SELRES personnel with 10-years of service to serve a lesser obligation if they were precluded from committing to the 4-year additional service obligation because of standard policy Service or Department of Defense or federal statute. b. In accordance with reference (c), satisfactory participation requirements include but are not limited to completion of 48 inactive duty training (IDT) periods and 12 days of Annual Training per fiscal year for personnel assigned to an Individual Mobilization Augmentee (IMA) unit. c. Petitioner was assigned to a SELRES-IMA unit from 3 October 2008 through 11 May 2014. See enclosure (2). d. On 8 October 2010, Headquarters Marine Corps (HQMC) issued Petitioner notification of authorization to continue service until he completed 20 years of qualifying service for retirement, 24 years of commissioned service, or reached age 60, whichever came first. See enclosure (3). e. Petitioner submitted Transfer of Education Benefits (TEB) application on 4 April 2011 and it was approved with an OED of 4 April 2015. See enclosure (4). f. Petitioner conducted a Physical Fitness Test (PFT) on 28 June 2012 and a Combat Fitness Test (CFT) on 31 December 2012; however, Petitioner’s record does not reflect IDT periods being recorded on either day. See enclosures (5) through (7). g. Petitioner earned 48 inactive duty points for anniversary year 11 May 2012 through 10 May 2013. See enclosure (8). h. Petitioner was transferred to the IRR on 12 May 2014 due to lack of participation. See enclosures (2) and (8). i. On 15 December 2014, HQMC issued Petitioner notification of continuation in an active status until 1 June 2018. See enclosure (9). j. Petitioner’s daughter is issued Department of Veterans Affairs notification of overpayment for educational assistance dated 27 October 2017. See enclosure (10). k. Petitioner was discharge on 1 June 2018 with 19-years and 21-days of total qualifying service. See enclosure (8). l. On 15 January 2020, HQMC (MMSR) provided an unfavorable advisory opinion to enclosure (11). MMSR recommended disapproval of relief to be credited with a satisfactory year of service based on insufficient evidence to support drills were conducted to complete the CFT. See enclosure (11). m. On 31 January 2020, HQMC (RAP) provided an unfavorable advisory opinion to enclosure (12). RAP recommended disapproval of relief to adjust TEB OED based on Petitioner unsatisfactory participation that resulted in his transfer to the IRR. See enclosure (12). n. On 9 March 2020, Petitioner provided a statement in response to MMSR and RAP findings. See enclosure (13). CONCLUSION Upon review and consideration of all the evidence of record, the Board members concluded that Petitioner’s request warrants partial corrective action. Petitioner was approved to TEB; however, as a result of unsatisfactory participation, he was transferred to the IRR, thereby losing his ability to transfer education benefits and creating a debt for unearned education benefits. Conversely, the Board felt Petitioner provided sufficient evidence to reflect participation in the PFT on 28 June 2012 and CFT on 31 December 2012, therefore the Board felt that under these circumstances, partial relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner completed non-pay IDT periods on 28 June 2012 (1 drill) and 31 December 2012 (1 drill). This change amends Petitioner’s Career Retirement Credit Record to reflect earning 50 inactive duty points and a qualifying year of service for anniversary year 11 May 2012 through 10 May 2013. Petitioner was issued Notification of Entitlement to Retired Pay at Age 60 and Eligibility to Participate in the Reserve Component Survivor Benefit Plan on . Petitioner was transferred to the Retired Reserve awaiting pay at age 60 on vice being discharged on 1 June 2018. The part of the Petitioner’s request for corrective action that exceeds the foregoing is denied. Petitioner’s failure to meet satisfactory participation standards was the cause of his transfer to the IRR prior to completing the transfer of Post-9/11 GI Bill service obligation. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)) 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. 6/22/2020 Reviewed and Approved 7/1/2020