DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 2227-19 
Ref:  Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Subj:   REVIEW OF NAVAL RECORD OF 

Ref:    (a) Title 10 U.S.C. § 1552 
        (b) NAVADMIN 203/09 of 11 Jul 09 

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), 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. 

     d.  Petitioner’s Active Duty Service Date is April 11, 1998.  His projected eligibility for retirement was on or after April 30, 2018.  Petitioner had an eligible dependent spouse on his active duty service date.

     e.  On July 28, 2010, Petitioner submitted a Transfer of Education Benefits (TEB) request via DMDC milConnect, which was rejected on the same day due to “service member has not committed to the required additional service time.”

     f.  On February 21, 2018, Petitioner submitted a TEB request via DMDC milConnect. 

     g.  On February 22, 2018, Petitioner signed NAVPERS 1070/613 agreeing to complete four years from the date he requested TEB to his dependents. 

     h.  On February 23, 2018, Petitioner’s TEB request was approved with an obligation end date of February 20, 2022.

     i.  On March 2, 2018, Petitioner submitted a BCNR application DD Form 149 requesting to backdate his Post 9/11 GI Bill benefits date to July 28, 2010.

     j.  On July 30, 2018, the Board adjudicated BCNR Docket 1881-18 and denied the Petitioner’s request.

     k.  On February 22, 2019, Petitioner submitted this request for reconsideration with explanation to the Board. 

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: 

On July 28, 2010, Petitioner signed NAVPERS 1070/613 agreeing to complete four years from the date he requested transferability of Post 9/11 GI Bill benefits to his dependents. 

Petitioner elected to transfer unused education benefits to                        18/months and                     18/months through the DMDC milConnect TEB portal on July 28, 2010. 

Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB request and approved it on July 29, 2010 with a 4-year service obligation end date. 

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. 


3/11/2020