DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 6170-19  
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) BUPERSNOTE 1780 

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 the Board for Correction of Naval Records (Board), requesting that Petitioner’s naval record be corrected to establish Petitioner’s establish eligibility to transfer Post-9/11 GI Bill education benefits to eligible dependents. The Petitioner’s case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 

2.  The Board, consisting of  , reviewed Petitioner’s allegations of error and injustice on 13 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, finds as follows: 

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations 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 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 4-year additional service obligation at the time of election for those eligible to retire on or after 1 August 2012. Additionally, all enlisted members were required to ensure expiration of active obligated service was sufficient to meet the required additional service obligation prior to initiating their electronic transfer election.  Moreover, the policy directed members to periodically check the status of their application.  If the request was disapproved, members were required to take corrective action and reapply with a new service obligation end date. 

d.  Petitioner’s active duty service date was 17 October 1994. 

e.  Petitioner submitted Transfer of Education Benefits (TEB) application on 13 June 2011.  Service rejected the application on the same day indicating Petitioner had not committed to the required additional service time. 

f.  Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on 17 June 2011 for a term of 
4-years. 

g. Petitioner transferred to the Fleet Reserve effective 1 July 2019. 

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, but failed to complete the administrative requirements outlined in reference (b) prior to submitting TEB application.  The Board found that, had Petitioner received clear and timely guidance regarding the reason for the denied application, he would have followed the proper steps to take corrective action to transfer education benefits in June 2011.  Although Petitioner did not complete the proper administrative requirements, the Board concluded that, under the 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           /12-month,     /12-month, through the MilConnect TEB portal on 17 June 2011. 
 
Commander, Navy Personnel Command (PERS-314) reviewed Petitioner’s TEB application, and it was approved on 17 June 2011 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 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.