DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 11601-19 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. § 3319 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 daughter. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 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, 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), for members eligible for retirement on or after 1 August 2012 the option to transfer a service member’s unused education benefits to an eligible dependent requires an additional 4-year service obligation at the time of election. Additionally, the policy directed members to periodically check the status of their application. If the request was disapproved, members were required to take corrective action and reapply. d. Petitioner’s Pay Entry Base Date is 5 May 1997. e. Petitioner executed DD Form 4, Enlistment/Reenlistment Document on 11 September 2012 for a term of 4-years. End of Current Contract (ECC): 10 September 2016. f. Petitioner submitted Transfer of Education Benefits (TEB) application on 29 May 2013. Service disapproved the application on 26 July 2013, indicating Petitioner had not committed to the required additional service time. g. Petitioner signed NAVMC 321A, Agreement to Extend Enlistment on 26 March 2015, for a term of 11-months. ECC change to 10 August 2017. h. Petitioner executed DD Form 4, Enlistment/Reenlistment Document on 15 September 2016 for a term of 3-years. ECC: 14 September 2019. i. Petitioner signed NAVMC 321A, Agreement to Extend Enlistment on 6 March 2017, for a term of 8-months. ECC change to 14 May 2020. Note: Extension does not become operative. j. Petitioner executed DD Form 4, Enlistment/Reenlistment Document on 26 September 2018 for a term of 3-years. ECC: 25 September 2021. k. Petitioner submitted a second TEB application on 14 February 2019. Service disapproved the application on 16 April 2019, indicating Petitioner had not committed to the required additional service time. 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, but failed to complete the administrative requirements outlined in reference (b) to garner approval. The Board noted Petitioner continues to serve more than over 6-years after submitting initial TEB application, thereby meeting the spirit and intent of the 4-year additional service obligation outlined in reference (c). Although Petitioner did not complete the proper administrative requirements, the Board concluded that, under the 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 /36-months through the MilConnect TEB portal on 11 September 2012 vice 29 May 2013. Petitioner, in coordination with his command completed the required Statement of Understanding on 11 September 2012 vice 10 October 2019 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 11 September 2012 with a 4-year service obligation. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 5/23/2020