Docket No. 4688-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) MARADMIN 0421/08 of 15 Jul 09 (c) MARADMIN 704/13 of 31 Dec 13 (d) 38 U.S.C. ch. 33 (e) DODI 1341.13 of 12 Jul 18 Encl: (1) DD Form 149 of 30 Apr 19 (2) MCTFS TBIR Screenshot (3) DD Form 4 of6 Sep 13 (4) BEAST Service Member History (5) NAVMC 321A of 26 Oct 16 (6) DD Form 4 of28 Mar 18 (7) MCTFS ENLM Screenshot 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of naval Records (Board) requesting that his naval record be corrected to change his transfer of Post-9/11 GI Bill education benefits obligation end date from 8 February 2022 to 12 January 2019. 2. The Board 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 regulation 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 references (b) and (c), the option to transfer a Service member’s unused education benefits to an eligible dependent required an additional 4-year service obligation at the time of election for those who were eligible for retirement on or after 1 August 2012. Additionally, these policies advised Marines to periodically check the status of their application and if disapproved, take corrective action and reapply. d. Petitioner’s Armed Forces Active-Duty Base date is 17 August 1998. See enclosure (2). e. Petitioner reenlisted on 6 September 2013 for a term of 4 years. See enclosure (3). f. Petitioner submitted his Transfer of Education Benefits (TEB) application on 13 January 2015, and the Service disapproved the application on 7 April 2015 indicating, “service member has not committed to the required additional service time.” See enclosure (4). g. Petitioner extended his 6 September 2013 4-year reenlistment for 11 months. See enclosure (5). h. Petitioner submitted his final TEB application on 8 February 2018. See enclosure (4). i. Petitioner reenlisted on 28 March 2018 for a term of 4 years. See enclosure (6). j. On 10 April 2018, the Service approved Petitioner’s TEB application with an obligation end date of 8 February 2022. See enclosure (4). k. Petitioner submitted an application to transfer to the Fleet Marine Corps Reserve on 2 July 2019, and his request was approved with a retirement date of 1 September 2020. See enclosure (7). l. On 9 July 2019, the Service rescinded Petitioner’s TEB approval, indicating “service member has not committed to the required additional service time.” See enclosure (4). BOARD CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that Marine Corps Transferability of Post-9/11 GI Bill policies clearly outlined the requirements and procedures to transfer education benefits, and that, accordingly, relief is not warranted. BOARD RECOMMENDATION That Petitioner’s request for correction to his record be denied, and that no corrective action be taken. EXECUTIVE DIRECTOR CONCLUSION The Executive Director concurred that references (b) and (c) define the requirements for members to transfer their education benefits. However, the Executive Director disagreed with the Board’s recommendation that no corrective action be taken. In this regard, the Executive Director noted that Petitioner met the basic eligibility criteria to transfer his Post-9/11 GI Bill education benefits, and he attempted to complete the process of transferring the benefits to his eligible dependents but failed to complete the administrative requirements. Petitioner also continues to serve—over 6 years after his initial request—thus meeting the spirit and intent of the 4-year additional service obligation outlined in reference (d). In view of the above, the Executive Director recommends the following corrective action. EXECUTIVE DIRECTOR RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner elected to transfer unused education benefits to /1 month, /1 month, /1 month, and /1 month through the MilConnect TEB portal on 13 January 2015. Note: In accordance with reference (e), Petitioner is authorized to modify the number of months of the transferred benefits before and after retirement. Petitioner, in coordination with his command, completed the required Statement of Understanding on 13 January 2015 and submitted it to the Commandant of the Marine Corps (CMC) for inclusion in Petitioner’s official militarypersonnel file. The CMC reviewed Petitioner’s TEB application, which was approved on 13 January 2015 with a 4-year service obligation. 4. It is certified that a 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. The foregoing action of the Board is submitted for your review and action. 4