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

Docket No. 3713-19 
Ref: Signature Date 

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. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 January 2020.  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 align your transfer of Post-9/11 GI Bill obligation end date (OED) of 23 December 2017 with your 1 October 2015 transfer to the Individual Ready Reserve (IRR).  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that Marine Corps Administration (MARADMIN) message 0389/09, released on 29 June 2009 and MARADMIN 0421/09, released on 15 July 2009 published Marine Corps guidance implementing the transfer of Post 9/11 GI Bill education benefits.  Subsequently, MARADMIN 704/13 was promulgated on 31 December 2013.  These messages outlined eligibility, processing, service obligation, and reference information germane to transferring education benefits to eligible dependents.  Specifically, the aforementioned policies require a 4-year additional service obligation in the active component or in the Selected Reserve (SELRES) but does not include service completed in the IRR.  Additionally, these policies outline provisions for active duty and SELRES personnel with 10 years of service to serve a lesser obligation if they were precluded from committing to the 4-year additional service obligation because of standard policy (Marine Corp or Department of Defense) or federal statute.  Moreover, the abovementioned policies indicate if the transferor fails to complete the additional service obligation, the right to transfer education benefits is forfeited.  A review of your record indicates you transferred to the IRR on 1 October 2015 upon your Individual Mobilization Augmentee (IMA) assignment expiring.  However, the Board was unable to determine if you completed the requirements to conduct an inter-unit transfer prior to the expiration of your IMA tour and/or the outcome of your request.  As a result, you did not meet the aforementioned criteria to have your OED adjusted. 

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. 

Sincerely, 

3/12/2020