Dear   
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 
 
You requested to transfer your Post 9/11 GI Bill to your dependent son.  The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contentions that the option to transfer the Post 9/11 GI Bill didn’t become available until after you retired and your son is scheduled to graduate from high school and you would like to allow him to use the benefit.  The Board noted that Title 38, U.S.C. 33 became effective 1 August 2009 and provided eligible members the option to transfer educational benefits to dependent(s).  Since you retired prior to the effective date of transferring educational benefits [retired 31 May 2006], you were not eligible to transfer this educational benefit.  The Board concluded that you are not authorized to transfer your Post 9/11 GI Bill to your dependent(s).   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.