From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF   
 
 
Ref:  (a) Title 10 U.S.C. §1552 
            (b) MARADMIN 0421/09 dtd 15 Jul 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 his eligible dependents. 
                                              
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 22 November 2019 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 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 no additional service for those eligible for retirement on or after 1 August 2009 and before 1 July 2010. 
 
     d.  Petitioner earned 20 years of active duty service on 19 June 2009. 
 
     e.  Petitioner transferred to the Fleet Marine Corps Reserve on 31 August 2009. 

CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting the following correction action.  Petitioner met the basic eligibility criteria to transfer Post-9/11 GI Bill education benefits to eligible dependents; however, he failed to complete the required administrative requirements per reference (b), prior to transferring to the Fleet Marine Corps Reserve.  The Board found that had Petitioner received adequate counseling, he would have followed the proper steps to transfer education benefits prior to transferring to the Retired Reserve on 31 August 2009.  Although Petitioner did not complete the proper administrative requirements, the Board felt that under these circumstances, a measure of relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner, in coordination with his command completed the required Statement of Understanding on 1 August 2009 and submitted it to Commandant of the Marine Corps (CMC) for inclusion in the Petitioner’s Official Military Personnel File. 
 
Petitioner elected to transfer unused education benefits to /1-month,  /1-month, /1-month, and /1-month through the MilConnect Transfer of Education Benefits (TEB) portal on 1 August 2009.  Note:  In accordance with Department of Defense Directive-Type Memorandum 09-003, Petitioner is authorized to modify the number of months of the transferred benefits after retirement. 
 
CMC reviewed Petitioner’s TEB request 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.