Docket No. 8896-19 
Ref: Signature Date 



This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 

You requested to align your transfer of Post-9/11 GI Bill education benefits 1 December 2019 obligation end date with your transfer to the Retired Reserve date of 1 February 2018.  The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, the Board concluded that Navy Administration (NAVADMIN) message 187/09, released on 26 June 2009 and NAVADMIN 203/09, released on 11 July 2009, published Navy guidance implementing the transfer of Post 9/11 GI Bill education benefits.  Subsequently, Chief of Naval Personnel Notice (BUPERSNOTE) 1780 was promulgated on 7 April 2010 with several updates thereafter.  These policies outlined eligibility, processing, service obligation, and reference information germane to transferring education benefits to eligible dependents.  Specifically, BUPERSNOTE 1780 indicated if the transferor failed to complete the agreed additional service in the Armed Forces required for transferability under the Post 9/11 GI Bill, the right to the transferred entitlement is forfeited.  By signing, the “Service Obligation for Transfer of Post 911 G.I. Bill Benefits” Page 13, you acknowledged the 4-year service obligation from the time of election and that failure to complete the obligation would result in recoupment of payments.  A review of your record indicates that you voluntarily transferred to the Retired Reserve on 1 February 2018, thereby forfeiting the ability to transfer education benefits. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.