From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO   
  
 
Ref:   (a) Title 10 U.S.C. § 1552 
       (b) DTM 09-003  
 
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 30 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), an individual may not add dependents after retirement or separation from the Armed Forces, but may modify the number of months of the transferred benefits after retirement or separation for those dependents who had received transferred benefits prior to separation or retirement. 
 
     c.  Petitioner submitted Transfer of Education Benefits (TEB) application on 9 May 2010.  Note:  Petitioner successfully transferred 12-months of education benefits to three dependents; however, he did not make an allocation to his other dependent.  
 
     d.  On 20 May 2010, the Service approved Petitioner’s request to TEB with an obligation end date of 19 May 2012. 
 
     e.  Petitioner transferred to the Fleet Marine Corps Reserve on 31 October 2012. 
                               
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 was approved to transfer Post-9/11 GI Bill education benefits; however, he failed to allocate benefits to each of his dependents prior to retiring.  Although Petitioner did not complete the proper administrative requirements, the Board found that had Petitioner received clear counseling regarding the inability to distribute the education benefits upon retiring, he would have taken the appropriate action prior to retiring on 1 November 2012.   
 
RECOMMENDATION 
 
That Petitioner’s naval record be corrected, where appropriate, to show that: 
 
Petitioner elected to transfer unused education benefits to /1-month, through the MilConnect TEB portal on 9 May 2010.  Note:  Months of education benefits previously allocated to other dependents are not affected by this change.  
 
Commandant of the Marine Corps (CMC) reviewed Petitioner’s TEB application and it was approved on 20 May 2010 with an obligation end date of 19 May 2012.  Note:  CMC shall ensure MilConnect is updated with the approved aforementioned allocations. 
 
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.