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 insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on November 22, 2019.  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 that your obligated service date be changed from December 28, 2011 to July 31, 2011, or NAVPERS 403 provide a limited assignment authorization due to your submarine medical disqualification, or that your retirement be changed to a medical retirement due to your medical condition in order to allocate Post-9/11 GI Bill education benefits to your 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 you were medically fit for duty and aware of your obligation end date of December 28, 2011 for the transfer of education benefits, however, you elected to retire effective July 31, 2011. 
Navy Administration (NAVADMIN) message 187/09, released on 26 June 2009 and (NAVADMIN) message 203/09, released on 11 July 2009, published navy guidance implementing the transfer of Post 9/11 GI Bill education benefits.  Subsequently, Chief of Naval Personnel Notice (BUPERSNOTE) 1780 was promulgated on 7 April 2010 with several updates thereafter.  These policies outlined eligibility, processing, service obligation, and reference information germane to transferring education benefits to eligible dependents.    
 
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.