DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
704 §. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
JET
Docket No. NR5607-13
16 Dec 13
This is in reference to your application for correction of your
naval record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 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 applicabie statutes,
regulations and policies. In addition, the Board considered the
advisory opinion furnished by CNPC Memo 1780 PERS-314 dtd 26 Sep
13, a copy of which is attached.
The Post-9/i11 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.
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
Docket No. NR5607-13
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
ethat 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,
\p Dea
W. DEAN PFEILHF
Executive DL
Enclosure: CNPC Memo 1780 PERS-314 dtd 26 Sep 13
NAVY | BCNR | CY2013 | NR4117 13
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.
NAVY | BCNR | CY2014 | NR5091 14
In addition, the Board considered the advisory opinion furnished by CNPC memo 1780 PERS-314/025 of 22 Sep 14, a copy of which is attached. This is an important feature of the law because the transferability Docket No. New evidence is evidence not previously considered by the Board prior to making its decision in this case.
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...
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 | NR2389 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. Members who are retired are not eligible to transfer. You also stated in your application that you “submitted a retirement request of 1 August 2014."
NAVY | BCNR | CY2014 | NR4914 14
In August 2011, NAVADMIN 235/11 changed this requirement and established a deadline for transfer of eligibility of August 1, 2013. New evidence is evidence not previously considered by the Board prior to making its decision in this case. Beginning 1 August 2013, DoD Policy requires that all service members who wish to transfer their education benefits to a family member obligate for an additional four years of service regardless of their time in service or retirement date.
NAVY | BCNR | CY2014 | NR2476 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. In addition, the Board considered the advisory opinion furnished by CNPC Memo 1780 PERS-314 o— 1 Jul 14, a copy of which is attached. Consequently, when applying for a correction of an official naval record, the burden igs on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2014 | NR7632 13
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.
NAVY | BCNR | CY2014 | NR307 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 2014. 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. However, the screen shot of the Transfer of Education Benefits (TEB) application you printed prior to submitting your application clearly shows two...
NAVY | BCNR | CY2014 | NR3982 14
in addition, the Board considered the advisory opinion furnished by CNPC memo 1780 PERS-314 of 20 Aug 14, a copy of which is attached. 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.