From:  Chairman, Board for Correction of Naval Record
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD  
    
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 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 110-252) 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 (TEB) 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. 
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     d.  Petitioner’s Active Duty Base Date was June 26, 1997, with a projected eligibility for retirement on or after June 30, 2017. 
 
     e.  On February 5, 2010, Petitioner reenlisted for 4 years active service. 
 
     f.  On May 12, 2010, Petitioner submitted a Transfer of Education Benefits (TEB) request via DMDC MilConnect, which was subsequently rejected due to “service member needs to contact service representative to resolve issue.” 
 
     g.  On September 18, 2010, Petitioner resubmitted a TEB request via DMDC MilConnect, which was rejected on September 20, 2010, due to service member not having committed to the required additional service time. 
 
     h.  On July 25, 2013, Petitioner reenlisted for 4 years. 
 
     i.  On August 08, 2013, Petitioner resubmitted a TEB request via DMDC MilConnect, which was approved on August 13, 2013, with an obligation end date July 24, 2017. 
 
     j.  On June 30, 2017, Petitioner was released from active duty and transferred to the Fleet Reserve for retirement, 24 days short of his TEB obligation end date. 
 
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 after his reenlistment in February 2010, 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 /1-month,  /19-months, and  /16-months through the MilConnect TEB portal on February 6, 2010 vice May 12, 2010. 
 
Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB request and it was approved on February 6, 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.