Docket No. 7895-19
Ref: Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO FORMER MEMBER    
 
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 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 2 July 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  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. 
 
     b.  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 Selected Reserve (SELRES) 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.  Furthermore, enlisted personnel were required to have sufficient time on contract to meet the additional service requirement.  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. 
 
    c.  Petitioner’s Pay Entry Base Date was 26 November 2003. 
 
    d.  Petitioner submitted Transfer of Education Benefits (TEB) application on 15 June 2010.  The Service rejected the applications indicating Petitioner had not committed to the required additional service time. 
 
    e.  Petitioner executed NAVPERS 1070/601, Immediate Reenlistment Contract on 15 October 2011 for a term of 6-years. 
 
    f.  Petitioner last recorded inactive duty training period in SELRES was 7 June 2015. 
 
    g.  Petitioner was discharged at End of Obligated Service by Navy Personnel Command (PERS-93) on 14 October 2017. 
                                
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; however failed to complete the administrative requirements per references (b).  The Board found that had the Petitioner received clear guidance, he would have completed the process to transfer education benefits to eligible dependents.  Although Petitioner did not complete the correct administrative requirements, the Board felt that under these circumstances, relief is warranted. 
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner requested and was approved by cognizant authority to reenlist early.  Petitioner execute NAVPERS 1070/601, Immediate Reenlistment Contract on 15 June 2010 vice 15 October 2011 for a term of 6-years. 
 
Petitioner executed NAVPERS 1070/621, Agreement to Extend Enlistment on 15 June 2016 for a term or 16-months. 
 
Petitioner, in coordination with his command, completed the required TEB NAVPERS 1070/613, Administrative Remarks, on 15 June 2010 and submitted it to Commander, Navy Personnel Command, for inclusion in Petitioner’s official military personnel file. 

Petitioner elected to transfer unused education benefits to     , through the MilConnect TEB portal on 15 June 2010.   
 
Commander, Navy Reserve Forces Command (N1) reviewed Petitioner’s TEB application, and it was approved on 15 June 2010 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 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.  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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 
          

8/21/2020


Deputy Director