Docket No. 7369-19  
Ref:  Signature Date  
From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


Ref: (a) 10 U.S.C. § 1552 
     (b) BUPERSNOTE 1780 of 7 Apr 10 
     (c) NAVADMIN 235/11 of 4 Aug 11 
     (d) 38 U.S.C. ch. 33 

Encl:(1) DD Form 149 w/attachments 
     (2) Statement of Service 
     (3) NPC ltr 1820 PERS-4912 of 12 Apr 07 
     (4) History of Assignments 
     (5) DD Form 214 
     (6) BEAST Service Member History 
     (7) NSIPS Administrative Remarks Screenshot 
     (8) NSIPS Montgomery GI Bill Page 13 
     (9) Retirement Orders 


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 his naval record be corrected to establish his eligibility to transfer his Post-9/11 GI Bill education benefits to his eligible dependents. 

2.  The Board reviewed Petitioner’s allegations of error and injustice on 14 February 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 regulation 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 Act 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 in the active component or in the Selected Reserve (SELRES) at the time of election but does not include service in the Individual Ready Reserve (IRR).  Additionally, all enlisted SELRES were required to have a NAVPERS 1070/613, Administrative Remarks (Page 13), prepared by their command in the Navy Standard Integrated Personnel System (NSIPS) Electronic Service Record (ESR), agreeing to serve the required additional years of service prior to initiating their electronic transfer election.  

d.  Reference (c) provided an exception to the aforementioned policy, permitting certain members of the Voluntary Training Unit (VTU) to garner approval to transfer Post-9/11 GI Bill education benefits until 1 August 2013. Members of the VTU were required to meet all of the following requirements to qualify for transferability: 

(1) Must have entered the IRR after 1 August 2009; 

(2) Must have completed 20 years of active federal service or 20 qualifying years for Reserve retirement as of 1 August 2009; and 

(3) Must be on active-duty orders of 90 days or greater. 

e.  Petitioner entered the Navy Reserve in a Selected Reserve status on 28 November 1986.  See enclosure (2). 

f.  Petitioner earned 20 total years of qualifying service on 27 November 2006 and was issued a notification of eligibility (NOE) to receive retired pay at age 60 and participate in the Reserve Component Survivor Benefit Plan on 12 April 2007.  See enclosures (2) and (3). 

g.  Petitioner transferred to the VTU (subset of the IRR) effective 1 December 2010.  See enclosure (4). 

h.  Petitioner was mobilized from 30 March 2012 through 8 March 2013.  See enclosure (5). 

i.  Petitioner submitted his Transfer of Education Benefits (TEB) application on 17 January 2013, and the Service mistakenly disapproved the application on 18 January 2013, noting “service member has not committed to the required additional service time.” Note:  TEB Page 13 was not recorded in ESR; however, the Page 13 was not a requirement of reference (c).  See enclosure (6) and (7). 

j.  On 6 June 2015, an erroneous Montgomery GI Bill Page 13 was entered into Petitioner’s ESR.  See enclosures (7) and (8). 

k.  Petitioner transferred to the Retired Reserve with-pay on 19 May 2019. See enclosure (9). 

BOARD CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that Navy Transferability of Post-9/11 GI Bill policies clearly outlined the requirements and procedures to transfer education benefits, and that accordingly, relief is not warranted.  

BOARD RECOMMENDATION 
That Petitioner’s request for correction to his record be denied, and that no corrective action be taken. 

EXECUTIVE DIRECTOR CONCLUSION 

The Executive Director concurred that reference (b) defines the requirements for members to transfer their education benefits.  However, in light of reference (c), the Executive Director disagreed with the Board’s recommendation that no corrective action be taken.  In this regard, the Executive Director noted that Petitioner met all of the requirements outlined in reference (c) to obtain approval to transfer his Post-9/11 GI Bill education benefits, and he attempted to complete the process of transferring the benefits to his eligible dependents but was incorrectly denied.  Additionally, Petitioner continued to serve—over 6 years after his initial request—thus meeting the spirit and intent of the 4-year additional service obligation outlined in reference (d). 

In view of the above, the Executive Director recommends the following corrective action. 

EXECUTIVE DIRECTOR RECOMMENDATION 

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

Petitioner elected to transfer unused education benefits to /1 month, /1 month, /1 month, and /1 month through the MilConnect TEB portal on 17 January 2013.  

The Commander, NavyReserve Forces Command (CNRFC N1) reviewed Petitioner’s TEB application, and it was approved on 18 January 2013 without a service obligation. 

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.  The foregoing action of the Board is submitted for your review and action. 

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