Docket No. 4415-19  
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) BUPERSNOTE 1780 dtd 14 Sep 15 
       (c) NAVADMIN 020/19 dtd 24 Jan 19  

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 12 February 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 Act 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), all request to transfer education benefits after 1 August 2013 incur a 4-year service obligation from the date of election/approval. However, there were provisions in the policy that indicated if a member was prohibited from completing their service obligation as a result of Navy 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.  Moreover, reference (c), provided direction for members undergoing medical board processing to transfer education benefits prior to their separation. 

d.  Petitioner’s active duty service date was 21 January 2009. 

e.  Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on 13 January 2017 for a term of 6-years. 

f.  Petitioner submitted Transfer of Education Benefits (TEB) application on 26 January 2019. On 28 January 2019, Service rejected the application indicating Petitioner had not committed to the required additional service time.  

g.  Petitioner transferred to Permanent Disability Retired List (PDRL) on 26 February 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, but failed to complete the administrative requirements outlined in reference (c) prior to submitting TEB application.  The Board found that had Petitioner received clear and timely guidance to transfer education benefits, he would have properly completed the process prior to transferring to PDRL.  Although Petitioner did not complete the proper administrative requirements, the Board concluded that, under the circumstances, 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, /4-months, /1-month and /1-month,through the MilConnect TEB portal on 26 January 2019. 

The Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB application, and it was approved on 26 January 2019 with an obligation end date 
of 25 February 2019. 

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.