DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §, COURTHOUSE ROAD, SUITE 4001
ARLINGTON, VA 22204-2490
JET
Docket No. NR4117-13
16 Dec 13
This is in reference to your application for correction of your
naval record pursuant to the provisions of 10 use 1552.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1é December 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 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 CNPC Memo 1780 PERS-314 dtd 17 Sep
13, a copy of which is attached.
The Post-9/11 Veterans Fducation Assistance Act (Post-9/11 GI
Bill, Public Law 410-252) 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. Your application claims, essentially, that
your failure should be excused since you will have completed
five years of additional service since initially submitting your
request to transfer your Post-9/11 GI Bill benefits to your
Docket No. NR4117-13
dependents on 20 October 2009. When you initially attempted to
transfer your Post-9/11 GI Bill benefits to your dependents on
20 October 2009, your request was rejected because you did not
have enough obligated service time listed in your Electronic
Service Record (ESR). You have stated that you on 17 December
Z010 you agreed to serve an additional four years and, upon your
retirement on 31 December. 2014, you will have served a total of
an additional five years. However, when you agreed to extend
you did not immediately attempt to resubmit your request to
transfer your Post-9/11 GI Bill benefits. When you next
attempted to transfer your Post-93/11 on 17 January 2013, you
then had less than two years remaining on your contract so your
request to transfer was again rejected. According to Commander,
Navy Personnel Command (PERS-314) you now have an approved
retirement date of 31 December 2014, and are therefore
ineligible for transferability of the Post-9/11 GI Bill. 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.
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.
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
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Enclosure: CNPC Memo 1780 PERS-314 dtd 17 Sep 13
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