DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 

Docket No. 8450-19  
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 dtd 11 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 January 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 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 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), for those eligible for retirement after 1 August 2009 and before 1 August 2010, one year of additional service is required. 

d.  Petitioner earned 20 years of active service on 7 November 2010. 

e.  Petitioner signed a “GI Bill Transfer” Page 13 on 25 June 2013 for required additional obligated service. 

f.  Petitioner submitted his Transfer of Education Benefits (TEB) application on 30 July 2019. 

g.  On 1 August 2019, Service disapproved request stating Petitioner did not commit to obligated service. 


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 administrative requirements per reference (b).  The Board found that had the Petitioner been advised, he would have followed the proper steps to transfer education benefits immediately after signing the mandatory page 13.  Although the proper administrative requirements were not completed by Petitioner, 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 elected to transfer unused education benefits to  1-month and 35 months through the MilConnect Transferability of Education Benefits (TEB) 
portal on 25 June 2013. 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.  
On 25 June 2013, Service approved Petitioner’s request to Transfer Education Benefits with an obligation end date (OED) of 24 June 2017. 

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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.