Docket No. 234-19 Ref: Signature Date From:Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (d) BUPERSNOTE 1780 of 7 Apr 10 Encl:(1) DD Form 149 (2) NSIPS Page 13 of 23 May 14 (3) NSIPS Administrative Remarks Screenshot (4) Statement of Service (5) BEAST Service Member History 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 establish his eligibility to transfer his Post-9/11 GI Bill education benefits to his eligible dependents. 2. The Board reviewed Petitioner’s allegations of error and injustice on 17 January 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 records, 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 regulation within the Department of the Navy. b. The Post-9/11 Veterans Educational Assistance Act (Post-9/11 GI Bill, Public Law 110-252) was signed into law on 30 June 2008 and became effective on 1 August 2009. The Act 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 provides that qualifying Service members may 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 required a 4-year additional service obligation at the time of election for those eligible to retire on or after 1 August 2012. Moreover, reference (b) provided the steps required to transfer education benefits, to include ensuring the additional service obligation is properly documented in the member’s Electronic Service Record (ESR) and completing/submitting an electronic transfer election using the Transferability of Education Benefits (TEB) web application. d. The “4-Year Service Obligation for Transfer of Post-9/11 GI-Bill Benefits” NAVPERS 1070/613, Administrative Remarks (Page 13), was entered into Petitioner’s ESR on 23 May 2014 and verified on 3 March 2015. See enclosures (2) and (3). e. Petitioner earned 20 total years of qualifying service on 24 February 2015. See enclosure (4). f. Petitioner submitted his TEB application on 19 June 2018. The Service approved his application on the same date with an obligation end date of 18 June 2022. MAJORITY CONCLUSION Upon review and consideration of all the evidence of record, the majority Board members concluded that Petitioner’s request warrants corrective action. In this regard, the majority determined that Petitioner met the basic eligibility criteria to transfer his Post-9/11 GI Bill education benefits to his eligible dependents, but he failed to complete the required administrative requirements outlined in reference (b) by not submitting an application in the MilConnect TEB portal immediately upon completing the required Page 13. The majority noted that Petitioner’s record provides sufficient evidence of his intent to transfer his education benefits. Had Petitioner received adequate guidance to properly complete the process to transfer his education benefits, he would have done so in a timely manner. Although Petitioner did not complete the proper administrative requirements, the Board concluded that, under the circumstances, relief is warranted. MAJORITY RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to his , through the MilConnect TEB portal on 23 May 2014. The Commander, Navy Reserve Forces Command (CNRFC N1) reviewed Petitioner’s TEB request, and it was approved on 23 May 2014 with a 4-year service obligation. MINORITY CONCLUSION The minority Board member determined that the Navy Transferability of Post-9/11 GI Bill policies clearly outlined the requirements and procedures to transfer education benefits. Additionally, the minority member noted that Petitioner is still serving and has the ability to complete the required additional service time to meet the eligibility criteria to transfer his education benefits. Therefore, the minority Board member concluded that relief was not warranted. MINORITY RECOMMENDATION That Petitioner’s request be denied. 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.