Docket No. 2815-19 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 203/09 (c) Title 38 U.S.C. § 33 Encl:(1) DD Form 149 (2) Statement of Service (3) BEAST Service Member History (4) BEAST Family History 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish eligibility to transfer Post-9/11 GI Bill education benefits to eligible dependents. Petitioner applied, and was approved, to transfer all 36 months of benefits to his wife, with the intention of transferring to his children once they reached age 18. Petitioner contends that he was never informed that not transferring at least one month of eligibility to each of his children, while he was still on active duty, would result in his children’s permanent ineligibility to use his earned benefits. 2. The Board, reviewed Petitioner’s allegations of error and injustice on 31 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 (1) through (4), 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 required a 1-year additional service obligation for those eligible for retirement after 1 August 2009 and before 1 August 2010. Additionally, the aforementioned policy indicates after retirement or separation from the Armed Forces, the veteran may modify or revoke transferred entitlement for existing designated dependents. d. Petitioner’s active duty service date was 22 September 1989. See enclosure (2). e. Petitioner earned 20 years of active service on 21 September 2009. See enclosure (2). f. Petitioner submitted Transfer of Education Benefits (TEB) application on 5 August 2009, and was approved the same day with an obligation end date (OED) of 4 August 2010. See enclosure (3). g. Petitioner allocated 36-months of education benefits to his spouse on 11 September 2009. See enclosure (4). h. Petitioner transferred to the Fleet Reserve on 31 December 2010. See enclosure (2). BOARD CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that Navy Transferability of Post-9/11 GI Bill policy clearly outlined the requirements and procedures to allocate education benefits to eligible dependents, and, accordingly, relief is not warranted. BOARD RECOMMENDATION That Petitioner’s request for correction to record be denied, and that no corrective action be taken. EXECUTIVE DIRECTOR CONCLUSION Taking into account the findings of the Board, the Executive Director finds that corrective action is nevertheless warranted in Petitioner’s case, in consideration of reference (c). Reference (c) authorizes the Secretary to permit Service members the ability to transfer unused education benefits to their eligible dependents to promote recruitment and retention for the Uniformed Services. The Executive Director concurred that reference (b), defined the requirements for members to allocate education benefits to eligible dependents. However, the Executive Director disagreed with the Board’s recommendation that no further corrective action be taken. In this regard, the Executive Director noted that Petitioner was approved to transfer Post-9/11 GI Bill education benefits; however, he failed to allocate benefits to each of his dependents prior to retiring. Although the Petitioner did not complete the proper administrative requirements, he had five dependents (spouse and four children) prior to 1 August 2009; meeting the spirit and intent of transferring education benefits to dependents outlined in reference (c). In view of the above, the Executive Director recommends the following corrective action. EXECUTIVE DIRECTOR RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /9-months, /9-months, /9-months, and /9-months through the MilConnect TEB portal on 5 August 2009. Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner’s TEB request and it was approved on 5 August 2009 with an OED of 4 August 2010. Note: PERS-314 shall ensure a surrogate transfer is completed reflecting the approved abovementioned allocations. 4. 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.