Docket No. 7647-19  
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) NAVADMIN 203/09 
       (c) 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 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 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 a 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 officers were required to have a NAVPERS 1070/613, Administrative Remarks, prepared by their command in the Navy Standard Integrated Personnel System Electronic Service Record, agreeing to serve the required additional years of service 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 entered active-duty service on 26 May 1993. 

e.  Petitioner submitted Transfer of Education Benefits (TEB) application on 2 March 2010. The application was rejected the same day with the Service indicating Petitioner had not committed to the required additional service time. 

f.  Petitioner submitted a subsequent TEB application on 12 June 2019. 

g.  On 13 June 2019, Service approved Petitioner’s request with an obligation end date of 31 May 2023.  

h. Petitioner transferred to the Retired List on 1 September 2019.  

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting corrective action.  Petitioner met the basic eligibility criteria to transfer Post­9/11 GI Bill education benefits to eligible dependents; however, he failed to complete the required service obligation in accordance with reference (c).  The Board found that had Petitioner been given clear and timely guidance regarding the reasons for the denied application, he would have followed the proper steps to take corrective action to successfully transfer his education benefits in March 2010. 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 NAVPERS 1070/613, Administrative Remarks, on 2 March 2010 and submitted it to the Commander, Navy Personnel Command, for inclusion in 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 Transferability of Education Benefits (TEB) portal on 2 March 2010.  Note:  In accordance with Department of Defense Instruction 1341.13, Petitioner is authorized to modify the number of months of the transferred benefits after retirement. 

Commander, Navy Personnel Command (PERS-314) reviewed the Petitioner’s TEB request and it was approved on 2 March 2010 with a 4-year obligation end date.  

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.