Docket No. 3674-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) NAVADMIN 203/09 of 11 Jul 09 Encl:(1) DD Form 149 w/attachments (2) DD Form 214 of 31 May 13 (3) BEAST Service Member History (4) NSIPS Administrative Remarks Screenshot (5) NSIPS Page 13 of 29 Oct 13 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to establish his eligibility to transfer his Post-9/11 GI Bill education benefits to his eligible dependents. 2. The Board reviewed Petitioner’s allegations of error and injustice on 24 January 2020 and, pursuant to its regulations, determined that the corrective action indicated below 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 110­252) was signed into law on 30 June 2008 and became effective on 1 August 2009. The Act 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 4-year additional service obligation at the time of election for those eligible to retire on or after 1 August 2012. Additionally, all officers were required to have a NAVPERS 1070/613, Administrative Remarks, prepared by their command in the Navy Standard Integrated Personnel System Electronic Service Record (ESR), agreeing to serve the required additional years of service prior to initiating their electronic transfer election. Furthermore, the policy directed members to periodically check the status of their application. If the request was disapproved, members were required to take corrective action and reapply with a new service obligation end date. Moreover, there were provisions in the policy that indicated if a member was prohibited from completing their service obligation as a result of Navy or Department of Defense policy, or federal statute, the obligation would be adjusted to the maximum amount of time allowed by that policy or statute. d. Petitioner entered active-duty service on 26 May 1993. See enclosure (2). e. Petitioner submitted his Transfer of Education Benefits (TEB) application on 28 August 2009. It was rejected the same day. The Service indicated that Petitioner had not committed to the required additional service time. See enclosure (3). f. “ Transferability Page 13 Worksheet” NAVPERS 1070/613, Administrative Remarks, was entered into Petitioner’s ESR (with erroneous verbiage) on 29 October 2009. See enclosures (4) and (5). g. Petitioner transferred to the Retired List effective 1 December 2019 as a result of Non-Selection, Permanent Promotion. See enclosure (2). MAJORITY CONCLUSION Upon review and consideration of all the evidence of record, the majority Board members concluded that Petitioner’s request warrants corrective action. In this regard, the majority determined that Petitioner met the basic eligibility criteria to transfer his Post-9/11 GI Bill education benefits to his eligible dependents, but he failed to complete the administrative requirements outlined in reference (b) prior to submitting his TEB application. The majority noted that, had Petitioner received clear and timely guidance regarding the reason for his application’s denial, he would have followed the proper steps to successfully transfer education benefits. Although Petitioner did not complete the proper administrative requirements, the Board concluded that, under the circumstances, relief is warranted. MAJORITY RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner, in coordination with his command, completed the required NAVPERS 1070/613, Administrative Remarks, on 28 August 2009 and submitted it to the Commander, Navy Personnel Command, for inclusion in Petitioner’s official military personnel file. Petitioner elected to transfer unused education benefits to /18 months, and /18 months, through the MilConnect TEB portal on 28 August 2009. The Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB application, and it was approved on 28 August 2009 with a 4-year service obligation. Note: PERS-314 is directed to ensure Petitioner’s obligation end date is adjusted to align with his involuntary transfer to the Retired List effective 31 May 2013. MINORITY CONCLUSION Upon review and consideration of all the evidence of record, the minority Board member determined that the Navy Transferability of Post-9/11 GI Bill policy clearly outlined the requirements and procedures to transfer education benefits. Therefore, the minority Board member concluded that relief was not warranted. MINORITY RECOMMENDATION That Petitioner’s request be denied. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c)), 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.