Docket No. 6019-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To: Secretary of the Navy  


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 establish eligibility to transfer Post-9/11 GI Bill education benefits to eligible dependents. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 9 April 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, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 

a.  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 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. 

b.  Reference (b) implemented the Navy transferability policy.  The policy outlined transferability eligibility, processing, service obligation, and reference information germane to transferring education benefits prior to retiring or separating from the Armed Forces.  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 eligible to retire on or after 1 August 2012.  

c.  Petitioner’s active duty service date was 

d.  Petitioner reenlisted on 26 August 2009 for a term of 4-years. 

e.  Petitioner extended the 26 August 2009 reenlistment for 8-months to incur sufficient obligated service for BUPERS Order 1151. 

f.  Petitioner reenlisted on 17 April 2014 for a term of 2-years. 

g.  Petitioner reenlisted on 1 April 2016 for a term of 2-years. 

h.  Petitioner extended the 1 April 2016 reenlistment for 1-month to align with Fleet Reserve transfer date. 

i.  Petitioner involuntarily transferred to the Fleet Reserve as a result of High Year Tenure on 30 April 2018. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following corrective action. Petitioner met the basic eligibility criteria to transfer Post-9/11 GI Bill education benefits to eligible dependents; however, she failed to complete the required administrative requirements per reference (b).  The Board found that had the Petitioner received clear guidance, she would have followed the proper procedures to transfer education benefits prior to retiring on 1 April 2018.  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, full relief is warranted. 

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 Transfer of Education Benefits (TEB) portal 
on 26 August 2009.  

Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB application, and it was approved on 26 August 2009 with a 4-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.