DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTGN, VA 22204-2490 ©
JET
Docket No. NR7520-13
4 Mar 14
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 4 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
ef 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 of Cay
WER 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. Accordingly, your application has been
denied. The names and votes of the members of the panel will he
furnished upon request.
The Board noted that the advisory opinion from Commander Navy
Personnel Command, dated QE xecommends that you
check with the Veteran’s. Administration regarding your
eligibility for the Survivor's and Dependents’ Educational
Assistance Program, which offers “training opportunities to
eligible dependents of Veterans who are permanently and totally
disabled due to a service-related condition or of veterans who
Docket No. NR7520-13
died while on active duty or as a result of a service-related |
condition.
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,
Pe DD. co
ROBERT D. —
Acting Executive Director
Enclosure: CNPC Memo 1780 PERS-314 of QP
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...
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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...
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 | CY2013 | NR3245 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on: 24 March 2014. In addition, the Board considered the advisory opinions furnished by CNPC Memo 1780 PERS-314 of 19 Jun 13 and CNPC Memo 1780 PERS-314 of 31 Oct 13, a copies of which are attached, and were previously provided. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the _ existence of...
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 | 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 | 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 | NR8068 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. 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...
NAVY | BCNR | CY2014 | NR9375 14
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 the benefits. NR9375-14 daughter's cane the application but is appears that her name was dropped.” e Board concurs with the advisory opinion that a review of your record shows that you initially designated 18 months to your son, but later went back and modified it to 16 months.
NAVY | BCNR | CY2014 | NR5317 14
In addition, the Board considered the advisory opinion furnished by CNPC memo 1780 PERS-314 of 30 Oct 14, a copy of which is attached. All other dependents have “zero” for number of months and do not have a transfer begin or end date.“ The Board further found 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. New evidence is evidence not previously considered by the...