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

Docket No. 4451-19 
Ref: Signature Date 

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 relevant portions of your naval record and your application, 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 12 February 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 eligible dependents.  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, Bureau of Naval Personnel Notice (BUPERSNOTE) 1780 was promulgated on 7 April 2010 with various updates thereafter.  These policies outlined eligibility processing, service obligation, and reference information germane to transferring education benefits to eligible dependents.  Specifically, 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 requesting to do so on or after 1 August 2013.  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 electronic transfer election.  A review of your record indicates you requested to transfer education benefits on 25 November 2013; however, you failed to have the Page 13 entered into ESR.  Moreover, you transferred to the Retired Reserve on 30 November 2013 with 24-years, 3-months and 26-days of commissioned service.  There is no indication in your record of a forced retirement.  

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, 

4/23/2020