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

Docket No. 522-21 
Ref: Signature Date 

Dear , 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 12 April 2021. 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 establish eligibility to transfer Post-9/11 GI Bill education benefits to your eligible dependents. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. The Board concluded that you did not meet the eligibility requirements to transfer education benefits (TEB) in accordance with Department of Defense Instruction 1341. This policy indicates the ability to TEB requires a 4-year additional service obligation at the time of election. However, those undergoing Medical Evaluation Board (MEB), Physical Evaluation Board (PEB) or Disability Evaluation System (DES) process, must wait until the process is complete before applying. Conversely, the policy specifies a service member will be considered to have completed their previously approved TEB-related service agreement upon discharge or release from active duty when found unfit by MEB and DES processing. Moreover, Marine Corps Administrative (MARADMIN) message 704/13 outlined the procedures to TEB. Of note, MARADMIN 704/13 provided 60 days from the TEB application date to incur the obligated service. A review of your record indicates that you submitted your initial TEB application on 8 June 2017 with 2-years, 5-months and 13-days remaining on contract. The Service denied your TEB application on 12 December 2017 for not committing to the required additional service obligation. On 14 May 2020, you signed a second NAVMC 321, Agreement to Extend Enlistment for a term of 9-months to incur sufficient service while awaiting PEB decision. On 6 October 2020, you submitted a second TEB application while undergoing PEB process; the TEB application was rejected for not meeting the aforementioned Department of Defense policy. 

The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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. 

Sincerely, 
5/13/2021 

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