DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JET
Docket No. NR6333-13
24 Mar 14
ee
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 24 March 2014. 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 HOMC Memo 7220 MPO of 14 Jan 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. In making this determination, 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.
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. 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.
Docket No. NR6333-13
The Board members also considered your request for a personal
appearance; however, they found that the issues in the case were
adequately documented and that a personal appearance would not
materially add to the Board’s understanding of the issues
involved. Thus, your request for a personal appearance has been
denied.
Under these circumstances, the Board found that no relief is
warranted. 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 reguiarity 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,
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure: HOMC Memo 7220 MPO of 14 Jan 14
NAVY | BCNR | CY2014 | NR5402 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. 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 | NR3138 14
This is an important feature of the law because the transferability Docket No. New evidence is evidence not previously considered by the Board tprior to making#its decision in this case. Consequently, when -appiying 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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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 14 July 2014. This is an important feature of the law because the transferability Docket Ne.
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In addition, the Board considered the advisory opinion furnished by HOMC Memo 7220 MPO of 18 Jul 14, 4 copy of which is attached. Members who are retired ar the benefits. Your application claims, that “I was erroneously denied the ability to convey pest 211 educational penefits Lu my children.” You sise claim that “At sometime between April and June 2010, I made the attempt to transfer my educational benefits to my two oldest children...I was told by the Staff Non-Commissioned Officer in...
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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. New evidence is evidence not previously considered by the Board prior to making its decision in this case. NR4447-14 for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
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In addition, the Board considered the advisory opinion furnished by HQMC Memo 4920 MPO of 29 May 14, copy of which 4s attached and was previously sent you, to which you failed to respond. However, the DoD 1341.13 specifically states that ‘an individual may not add family members after retirement or separation from Military Services, uscG, NOAA Corps, or PHS, but may modify the number of months of transferred entitlement or revoke transfer of entitlement after retirement or...
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The Board members also considered your request for a personal appearance; however, they found that the issues in the case were adequately documented ana that a personal appearance would not materially add to the Board's understanding of the issues involved. Thus, your request for a personal appearance has been denied. 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.