DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
MEH
Docket No. 5402-i1
18 Jul il
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 41552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 18 July
2011. 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, your naval record and applicable
statutes, regulations and policies. In addition, the Board considered
the advisory opinion furnished by NPC memo 1780 PERS-314B of 2 Jun ll,
a copy of which is attached.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. In
this connection, the Board substantially concurred with the comments
contained in the advisory opinion. The Post-9/11 Veterans Education
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. General
descriptions of the essential components of the new law were widely
available beginning in summer 2008 and specific implementing guidance
wag published in the summer of 2009.
Under the governing regulations, to be eligible to transfer benefits,
a member must be on active duty or in the selected reserve at the time
of the election to transfer. This is an important feature of the Law
because the transferability provisions are intended as an incentive
wiee a benefit. Members who are retired are not eligible to transfer.
Evidence shows that you failed to take the steps necessary to transfer
benefits. Your application claims, essentially, that your failure
shoulda be excused because you were erroneously informed by the Navy
College Office that you were “good to go” aiter converting your
Montgomery GI Bill to the Post-9/11 GI Bill, and were not told you had
to make the transfer while on active duty. You have not submitted
evidence to support this claim. .
Docket No. 5402-11
As your command did not have a dedicated Command Career Counselor you
relied on the Navy College Office for educational needs. In the
Board's view, your lack of knowledge of the transfer procedures does
not excuse your failure to make a4 timely application. Persons who
deal with the government are expected to know the Jaws and regulations
that govern those rélations. it is the duty of persons dealing with
the government to make themselves aware of their entitlement to
benefits. Nothing prevented you from learning about this program and
meeting the eligibility requirements. The information was widely
available. You could have easily Found information regarding your
eligibility yourself or asked the service's benefits managers.
Under these circumstances, the Board found that no relief is
warranted. Accordingly, your application, and your request for a
personal appearance before the Board, have been denied. The names and
votes of the members of the panel will be furnished upon request.
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 and material evidence
or other matter not previously considered by the Board. In this
regard, it is also 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,
lo Weg
W. DEAN PF
Executive Di r
Enclosure
NAVY | BCNR | CY2012 | 03847 12
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Under the governing regulations, to be eligible to transfer benefits, a member must be on active duty or in the selective reserve at the time of the election to transfer. Members who are retired are not eligible to transfer.
NAVY | BCNR | CY2014 | NR5637 14
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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.
NAVY | BCNR | CY2014 | NR7582 14
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. The transfer of Post-9/11 GI Bill benefits requires military members, active and selective reserve, to log into the Transfer of Education Benefits (TEB) website and transfer the benefits. New evidence is evidence not previously considered by the Board prior to making its decision in this case.
NAVY | BCNR | CY2013 | NR1676-13
Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by CNPC Memo 1780 PERS-314 dtd 7 May 13, a copy of which is attached. Information was published in NAVADMINS 187/09 & 203/09 detailing the actions members were required to take to transfer their benefits to their dependents.
NAVY | BCNR | CY2014 | NR2358 14
This is in reference to your application fo naval record A three-member panel of the Board e session, mber 2014. accordance with administrative Records, sitting in executiv application on 30 Septe injustice were reviewed in regulations and procedures appl Board. ‘3.E, Members may check TES periodically for status of their application.” There is no evidence that you entered the TEB website to transfer your benefits. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2014 | NR7359 14
The Board found that in 2011 as you claim, you initially submitted a request to transfer your ‘Post-9/11 GI Bill to your dependents. The Board also determined that NAVADMIN 203/09 published in June 2009 provided the procedures members are required to follow to transfer the Post-9/11 GI Bill benefits to their family members. If request is disapproved, member must take corrective action and reapply.” Furthermore, the Board members took into consideration, that on 29 January 2014 you...
NAVY | BCNR | CY2014 | NR3933 14
“tn addition, the Board considered the advisory opinion Furnished by CNRFC ltr 5420 Ser wi/osss5 of 25 Aug 14, a copy of which is attached, After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. The Board found that NAVADMIN 203/09 published in June 2009 provided the procedures members are required to follow to transfer the Post-9/11 GI Bill benefits...
NAVY | BCNR | CY2014 | NR5730 14
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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.
NAVY | BCNR | CY2014 | NR3895 14
In addition, the Board considered the advisory opinion furnished by HOMC memo 7220 MPO of 22 Sep 14, a copy of which is attached. Accordingly, your application has been denied. NR3895-14 for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2014 | NR773 14
Members who are retired are not ¢€ the benefits. Because my retirement date followed 50 closely behind the 1 memo (2270un2002) , the memo was release of the Post 9/11 GI Bil not well known at my command and key points of the memo were not ement.” However, the Board disseminated to me before my retir formation about the Post-9/11 found that whether as you claim in GI Bill was not disseminated to you or the command before your retirement, information about the Post-9/1i GI Billi has...