DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. GOURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JET .
Docket No. NR1676-13
21 Oct 13
This is in reference to your application for correction of your
naval record pursuant to the provisions of 10 USC LSSe2 .
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 October 2013. 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 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.
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 was
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 vice a benefit. Members who are retired are not
eligible to transfer such benefits.
Evidence shows that you failed to take the steps necessary to
transfer benefits while in the required status. Your application
claims, essentially, that your failure should be excused because
prior to your retirement you were informed that military
Docket No. NR16é76-13
personnel must have been on active duty on August 1, 2009 so as
to be entitled for Post-911 eligibility transferability to their
dependents. You assert that this was the only requirement by
then, and that you obligated for 1-month active duty to meet this
qualification. You also stated the online application was only
known to you ur _attem pply for benefits now for your
dependent : is now in college. However,
your claim that the requirement to remain on active duty until at
least 4 was the only requirement when you were ~
retiring is false. Information was published in NAVADMINS 187/09
& 203/09 detailing the actions members were required to take to
transfer their benefits to their dependents. Information which
included accessing the. Transferability of Educational Benefits
(TEB) website to make the transfer, and how to make the transfer.
You also submitted correspondence from the Department of Veterans
Affairs (DVA) which claims that “the Department of Defense has
found that some Service members who retired between
may not have known that the Post-9 1
included the ability to transfer benefits to a spouse or
dependent, or that the transfer had to be approved while the
member of the Armed Forces”. However, no proof was provided to
support this claim. Sufficient published information existed to
inform members of requirements to transfer Post-$/11 GI Bill
benefits, and nothing prevented you from obtaining this
information.
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 comnection, the Board substantially
concurred with the comments contained in the advisory opinion.
Accordingly, your application has 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 important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
Docket No. NR1676-13
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
La ron
W> DEAN PPEDRE
Execiitive Ditec
Enclosure: CNPC Memo 1780 PERS-314 dtd 7 May 13
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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...
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In addition, the Board considered the advisory opinion furnished by CNPC Memo 1780 PERS-314 dtd 17 Sep 13, a copy of which is attached. Members who are retired are not eligible to transfer such benefits. Had you followed up on your application after it was rejected in October 2009, you would have been able to complete any actions necessary to effect the transfer of benefits.
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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...
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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. This is an important feature of the law because the transferability Docket No. 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.
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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 Board has determined, -however, that regardless of who was with you when you claim to have :made the transfer of benefits, there is no evidence of you having ever “transferred your Post-9/11 GI Bill benefits to your dependents. Furthermore, the Board found that even there was evidence to...
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