From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
             
 
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 21 May 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 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. 
 
     b. In accordance with reference (b), the option to transfer a Service member’s unused education benefits to an eligible dependent did not require an additional service obligation for those members with an approved retirement date after 1 August 2009 and before 1 July 2010.   
 
     c.  Petitioner’s Active Duty Service Date was 11 April 1990. 

     d.  Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on 3 October 2002 for a term of 6-years. 
 
     e.  Petitioner signed NAVPERS 1070/621, Agreement to Extend Enlistment on 16 November 2005 for a term of 3-months.   
 
     f.  Petitioner executed NAVPERS 1070/621, Agreement to Extend Enlistment on 3 October 2008 for a term of 15-months.   
 
     g.  Petitioner executed NAVPERS 1070/621, Agreement to Extend Enlistment on 3 April 2010 for a term of 1-month.   
 
     h.  Petitioner transferred to the Fleet Reserve on 1 May 2010 as a result of reaching high year tenure gate. 
                 
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 Petitioner received clear guidance, she would have followed the proper steps to transfer education benefits prior to retiring.  Although Petitioner did not complete the correct administrative requirements, the Board felt that under these circumstances, 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 TEB portal on 1 August 2009.   
 
Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner’s TEB application and it was approved on 1 August 2009 with no additional service obligation.    
                                                             
A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 
 
4.  It is certified that 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
         7/13/2020