DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1771-19 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 of 7 Apr 10 Encl: (1) DD Form 149 w/attachments 1. Pursuant to reference (a) Subject, hereinafter referred to as Petitioner, filed the enclosure with the Board for Correction of Naval Records (Board) requesting, in effect, that the applicable naval record be corrected to have Post 9/11 GI Bill obligation date adjusted. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on January 10, 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 enclosure, 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 requires an additional 4-year service obligation at the time of election. Service members whose request for transferability are disapproved must take corrective action and reapply. The additional service obligation will be calculated from the date their reapplication is approved. d. Petitioner submitted his Transfer of Education Benefits (TEB) application on March 22, 2011. The request was denied the same day for not committing to the required additional service as required by reference (b). e. On February 19, 2013, Petitioner reenlisted on active duty for four years. f. On January 31, 2017, Petitioner reenlisted on active duty for three years. g. Petitioner submitted his second TEB application on January 25, 2019. The request was denied the same day for not committing to the required additional service as required. h. On January 13, 2019, Petitioner submitted this BCNR application. i. On January 31, 2019, Petitioner reenlisted for 2 years of active duty service. j. On June 27, 2019, Petitioner submitted a TEB request via DMDC milConnect and it was approved the same day with an obligation end date of June 26, 2023. k. Petitioner contends upon reviewing the milConnect website in December 2018, that he discovered his TEB request of 2011 had been disapproved. He asserted that he had reenlisted twice since his 2011 TEB request and has “zero”intention of leaving the Navy. CONCLUSION Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. Petitioner met the basic eligibility criteria to transfer Post-9/11 GI Bill education benefits to eligible dependents but he failed to complete the required administrative requirements outlined in reference (b). However, the Board found Petitioner provided sufficient documentation reflecting his intent to transfer his education benefits; therefore, under these circumstances, a measure of relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to 6-month through the MilConnect TEB portal on February 18, 2013. Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB request and it was approved on February 19, 2013 with a 4-year service obligation end date. Petitioner’s approval for /6 month effective June 27, 2019 remains in effect. 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.