From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD   
  
 
Ref:   (a) Title 10 U.S.C. §1552 
            (b) NAVADMIN 203/09 
 
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 adjust the transfer of Post-9/11 GI obligation end date 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 20 March 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. 
 
     b.  The Post-9/11 Veterans Educational Assistance Act (Post-9/11 GI Bill, Public Law 110-252) 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 required a 1-year additional service obligation at the time of election for those eligible to retire after 1 August 2009 and before 1 August 2010. 
 
     d.  Petitioner’s Active Duty Service Date was 30 August 1989.  
 
     e.  Petitioner reenlisted on 24 May 2002 for a term of 6-years, followed by 24-month and 6-month extensions; end of active obligated service 23 November 2010. 
 
     f.  Petitioner submitted Transfer of Education Benefits (TEB) application on 13 November 2009.  Service approved the application the same day with an obligation end date of  
12 November 2010. 
 
     g.  Petitioner voluntarily transferred to the Fleet Reserve on 30 September 2010. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action.  Petitioner was approved to transfer Post-9/11 GI Bill education benefits to eligible dependents; however, he retired prior to completing the his service obligation.  Although Petitioner did not complete the proper administrative requirements, the Board found that had he received clear counseling regarding the service obligation associated with transferring Post-9/11 GI Bill education benefits, he would have elected to retire after completing the service obligation. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected to transfer unused education benefits to /18-months and /18-months through the MilConnect TEB portal on 30 September 2009 vice  
13 November 2009.   
 
Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB request and it was approved on 30 September 2009 (vice 13 November 2009) with a 1-year service obligation. 
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
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.  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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


         6/20/2020