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

Docket No. 4360-19  
Ref:   Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:  (a) Title 10 U.S.C. §1552 
      (b) NAVADMIN 203/09 dtd 11 Jul 09 

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 dependent. 

2.  The Board, consisting of           , reviewed Petitioner’s allegations of error and injustice on 31 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 110­252) 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. 

c.  In accordance with reference (b), the option to transfer a service member’s unused education benefits to an eligible dependent did not required an additional service obligation for those eligible for retirement on 1 August 2009.  

d.  Petitioner’s active duty service date was 2 September 1987. 

e.  Petitioner completed 20 years of active duty service on 1 September 2007. 

f.  Petitioner transferred to the Fleet Reserve on 28 February 2010. 

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, failed to complete the required administrative requirements outlined in reference (b).  Although Petitioner did not complete the proper administrative requirements, the Board concluded the failure was potentially due to oversight of the ability to transfer education benefits as a result of the capability only being in affect 7-months prior to retirement, and therefore 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, through the MilConnect Transfer of Education Benefits (TEB) portal on 1 August 2009.  Note:  In accordance with Department of Defense Directive-Type Memorandum 09-003, Petitioner is authorized to modify the number of months of the transferred benefits after retirement.
 
Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner’s TEB request and it was approved on 1 August 2009 without a 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.