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

Docket No. 2820-19 
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) MCO 1560.25 of 01 Sep 10 
        (c) MRA MP msg 152049Z Jul 09 
        (d) MRA MP msg 291158Z Jul 11 
        (e) MRA MP msg 3111723Z Dec 13 

Encl:  (1) DD Form 149 w/attachments 

1.  Pursuant to reference (a) Subject, hereinafter referred to as Petitioner, filed the enclosure with this Board requesting, in effect, that the applicable naval record be corrected to transfer the remainder of his Montgomery GI Bill (MGIB) to Post-9/11 and establish eligibility to transfer Post-9/11 GI Bill education benefits to his dependent son. 

2.  The Board, consisting of                                      , reviewed Petitioner’s allegations of error and injustice on December 6, 2019 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, with specific implementing guidance in summer 2009. 

     c. In accordance with reference (b), the option to transfer a service member’s unused education benefits to an eligible dependent requires at least 6 years of active duty and or Selected Reserve (SELRES) service and agreeing to serve at least four more years of active duty and/or Selected Reserve service. Individuals transferring to the Post-9/11 GI Bill from the Montgomery GI Bill (Chapter 30) (MGIB) will be limited to the amount of remaining Chapter 30 entitlement.

     d.  Per reference (c), those eligible for retirement on or after 1 August 2010 and before 1 August 2011, two (2) years of additional service is required.

     e.  Petitioner contends that, prior to his retirement, he was informed that he was not eligible for Post-9/11 benefits until he had exhausted all of his MGIB benefits.  He asserts that he was not afforded the opportunity to designate any of his dependents as beneficiaries.

     f.  On October 25, 1990, Petitioner entered active duty.

     g.  On October 24, 2010, Petitioner reached 20 years of active service.

     h.  On May 31, 2014, Petitioner was transferred to the Retired List with 23 years, 7 months, and 7 days of active service.

     i.  On June 1, 2014, Petitioner was joined to the Retired List. 

     j.  On November 25, 2019, Manpower Military Policy Branch, Policy Analyst confirmed, via the Benefits for Education Administrative Services Tool (BEAST), that it was void of data for the Petitioner. 

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) through (e).  However, the Board found Petitioner provided sufficient argument 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 through the MilConnect TEB portal on May 30, 2010. 

The Manpower and Reserve Affairs, Military Policy Branch reviewed the Petitioner’s TEB request, and that it was approved on May 31, 2010, with an obligation end date of May 29, 2012. 

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. 


3/10/2020