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

Docket No. 4573-19 
Ref: Signature Date 

Dear 

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 the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficien

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 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 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 Marine Corps Administration (MARADMIN) message 0389/09, released on 29 June 2009 and MARADMIN 0421/09, released on 15 July 2009, published Marine Corps guidance implementing the transfer of Post 9/11 GI Bill education benefits.  These messages outline eligibility, processing, and service obligation germane to transferring education benefits to eligible dependents. Subsequently, additional MARADMINs have been promulgated providing additional guidance. Specifically, the aforementioned policies require a 4-year additional service obligation in the active component or in the Selected Reserve (SELRES) at the time of election and does not include members of the Individual Ready Reserve in accordance with Department of Defense Instruction (DODI) 1341.13.  Additionally, DODI 1341.13 specifies that if a member fails to complete their additional service obligation on active duty or in SELRES they forfeit the ability to transfer education benefits.  A review of your record indicate you acquired your dependent spouse on 5 March 2016 and your dependent children were born thereafter.  Since acquiring dependents, you have not maintained SELRES status and there is no evidence that you utilized/completed the Transfer of Education Benefits website/application; thereby not meeting the criteria to transfer Post-9/11 GI Bill education benefits. 

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,