DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RUAD, SUITE 100%
ARLINGTON, VA 22204-2490
JET
Docket No. NR5905-13
22 Nov 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 22 November 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 opinions furnished by HQMC Memo 7220 MPO dtd 27 Jun 13
and Email dtd 22 Aug 13, copies 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. You claim that
in August 2009 while you were still on active duty, you
transferred your Post-9/11 GI Bill benefits to your dependents.
Docket No. NR5305-13
However, there is no evidence to corroborate your claim. The
only evidence of you entering the Transfer of Education Benefits
(TEB) website is a print out from the TEB web application
showing you entered website on May 1, 2013 in an attempt to
transfer the benefits to your dependents. No other evidence
exists that shows your claim that you entered the TEB website
rior to May 1, 2013 and transferred/attempted to transfer your
Post-9/11 GI Bill benefits.
+
In your current status as an Individual Ready Reservist, you are
not eligible to transfer Post-9/11 GI Bill benefits to your
dependents. In order to transfer Post-9/11 GI Bill benefits,
members must be in an active duty or selective reserve status.
You will, however, qualify to transfer the Post-9/11 GI Bill
benefits to your dependents once you complete a qualifying
period of active duty.
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,
. N
Seidel
Executive Director
Enclosure: 1. HOMC Memo 7220 MPO dtd 27 Jun 13
2. Email dtd 22 Aug 13
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