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

Docket No. 2648-19 
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) NAVADMIN 170/18 
     (c) DoDI 1341.13 
     (d) NAVADMIN 020/19 

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 Transfer of Education Benefits (TEB) reinstated. 

2.  The Board, consisting of		, reviewed Petitioner’s allegations of error and injustice on January 17, 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), members must complete the full 4-year service obligation to retain TEB unless involuntarily separated as indicated in enclosure (3) of reference (c), subparagraphs 3g(2)(a)-(h). 

d.  Petitioner’s Pay EntryBase Date was December 12, 2006, with projected eligibility for retirement on or after December 31, 2026 

e.  On December 11, 2016, Petitioner reached 10 years of naval service. 

f.  On May 9, 2018, a Navy Medical Board submitted Petitioner’s NAVMED 6100/1 to the Physical Evaluation Broad (PEB). 

g.  On July 16, 2018, NAVADMIN 170/18 was released announcing significant changes to Post 9/11 GI Bill TEB eligibility implemented in Department of Defense Instruction (DoDI) 1341.13. 

h.  On July 17, 2018, Petitioner submitted a TEB request via DMDC MilConnect. 

i.  On July 20, 2018, Petitioner’s TEB request was rejected due to service member not having committed to the required additional service time. 

j.  On August 28, 2018, PEB findings were complete.  Petitioner was determined unfit for duty and recommended to be separated from active duty with severance pay. 

k.  On November 19, 2018, Petitioner was discharged for disability with severance pay. 

l.  On January 24, 2019, NAVADMIN 020/19 was released effective immediately and retroactive to July 12, 2018. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action.  The Board determined that per subparagraph 3g(2)e of reference (c), the Petitioner fell under exemptions from fulfilling TEB service obligations, and per subparagraph 3.f. of reference (d), retroactively authorized Petitioner, who was undergoing medical board processing, to submit for TEB eligibility after receiving final determination of his PEB status.  The Board concluded that, since the Petitioner was not provided this opportunity to transfer education benefits after the PEB’s finding, and with the release of reference (d), 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 through the DMDC milConnect TEB portal after receiving his PEB results on August 28, 2018 vice July 17, 2018.

Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB request and approved it on August 29, 2018. 

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.