Docket No. 7249-19 
Ref:  Signature Date 

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD 

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 eligible dependent daughter. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 Febraury 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 eligible dependents requires at the time of election to have served at least 6 years of active duty and or Selected Reserve service and agree to service an additional 4 years of service from the time of election. 

d. Petitioner’s Pay EntryBase Date was 5 April 1995.  

e.  Petitioner transferred to Retired List on 30 June 2015 with “RBE1”-Early Retirement separation code. At the time of retirement, Petitioner completed 18 years, 9 months and 19 days of active duty service. 

f.  On 18 July 2019, Department of Veterans Affairs rated Petitioner at 60% disabled. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. Petitioner met the basic eligibility criteria to transfer Post-9/11 GI Bill education benefits to eligible dependents but he failed to complete the required administrative requirements outlined in reference (b).  However, the Board found Petitioner provided sufficient argument reflecting his need to transfer education benefits; therefore, under these circumstances, a measure of relief is warranted. 

RECOMMENDATION 

That Petitioner’s naval record be corrected, where appropriate, to show that: 

Petitioner elected to transfer unused education benefits to the MilConnect TEB portal on 1 August 2009.  

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. 

CMC reviewed the Petitioner’s TEB application, and it was approved on 1 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 quorum was present at the Board’s review and deliberations, and that the foregoing is a trueand 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.