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

Docket No. 3890-19 
Ref: Signature Date 

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.

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 establish eligibility to transfer Post-9/11 GI Bill education benefits to your spouse.  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 Navy Administration (NAVADMIN) message 187/09, released on 26 June 2009 and NAVADMIN 203/09, released on 11 July 2009, published Navy guidance implementing the transfer of Post 9/11 GI Bill education benefits.  Subsequently, Chief of Naval Personnel Notice (BUPERSNOTE) 1780 was promulgated on 7 April 2010 and updated several times prior to your 31 December 2017 transfer to the Retired Reserve.  These policies outlined eligibility, processing, service obligation, and reference information germane to transferring education benefits to eligible dependents.  Specifically, the abovementioned policies required a 4-year additional service obligation from the date of election and directed Sailors to ensure their additional service obligation was properly documented in their electronic service record prior to initiating transferability request. A historical query of request entered into the MilConnect Transfer of Education Benefits portal does not reflect that you ever submitted an application; thereby not meeting the eligibility criteria to transfer Post-9/11 GI Bill education benefits.  

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,