From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) Title 10 U.S.C. § 1552 (b) DTM 09-003 (c) SNCO Selection Board History Encl: (1) DD Form 149 w/attachments (2) Subject’s naval record 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish eligibility to transfer Post-9/11 GI Bill education benefits to eligible dependents. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 30 July 2020 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 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. The Post-9/11 Veterans Educational Assistance Act (Post-9/11 GI Bill, Public Law 110-252) 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 but specific implementing guidance was not published until summer 2009. b. 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. However, there were provisions in the policy that indicated if a member with 10-years of service was prohibited from completing their service obligation as a result of Service 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. c. Reference (c) indicates, Petitioner was below zone promotion board eligible in October 2007 and October 2008 and was not selected for promotion. Petitioner was in zone promotion board eligible in October 2009 and was not selected for promotion. Petitioner was above zone promotion board eligible in October 2010 and October 2011 and was not selected. d. Petitioner’s Armed Forces Active Duty Base date was 1 December 1992. e. Petitioner submitted Transfer of Education Benefits (TEB) application on 6 March 2012. The Service disapproved request on 3 May 2012 stating Petitioner did not commit to additional service obligation. f. Petitioner was involuntarily transferred to the Fleet Marine Corps Reserve (FMCR) effective 1 January 2013. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Petitioner met the basic eligibility criteria to transfer Post-9/11 GI Bill education benefits to eligible dependents; however, he was forced to retire as a result of non-selection for promotion. The Board found that Petitioner provided sufficient documentation reflecting he attempted to remain on active duty beyond his end of active service. Under these circumstances, the Board felt 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, and /1-month through the MilConnect TEB portal on 6 March 2012. Note: Reference (b), authorized modification to the number of months of the transferred benefit after retirement for those dependent who had received transferred benefits prior to retirement. Petitioner, in coordination with his command completed the required Statement of Understanding on 6 March 2012 and submitted it to Commandant of the Marine Corps (CMC) for inclusion in the Petitioner’s Official Military Personnel File. CMC reviewed Petitioner’s TEB application, and it was approved on 6 March 2012 with an obligation end date of 31 December 2012 to align with involuntary transfer to FMCR. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. 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. 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.