From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD  

 
Ref:   (a) Title 10 U.S.C. §1552 
       (b) BUPERSNOTE 1780 dtd 7 Apr 10 
  
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 his eligible dependents. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 24 January 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, 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 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 a 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 (Page 13) 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 request to transfer education benefits.  
         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. 
 
     d.  Petitioner submitted his Transfer of Education Benefits (TEB) application on  24 January 2011, and was disapproved the same day.  Service indicated service member has not committed to the required additional service time. 
 
     e.  Petitioner signed Page 13 on 8 February 2011 agreeing to the TEB additional service requirement.  Page 13 was verified in Petitioner’s ESR on 3 August 2018. 
 
     f.  Petitioner transferred to the Retired List effective 1 December 2019. 
                                             
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 failed to complete the required administrative requirements per reference (b).  The Board found that had Petitioner received clear guidance, he would have followed the proper steps to transfer education benefits in January 2011.  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, a measure of relief is warranted 
 
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 8 February 2011 and submitted it to Commander, Navy Personnel Command for inclusion in the Petitioner’s Official Military Personnel File. 
 
Petitioner elected to transfer unused education benefits to /34-months, /1-month, and /1-month through the MilConnect TEB portal on 8 February 2011.   
 
Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner’s TEB request and it was approved on 8 February 2011 with a 4-year service obligation. 
 
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.