DEPARTMENT. OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAO, SUITE 1001
ARLINGTON, VA 22204-2490
JET
Docket No. NR9487-13
21 Apr 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 21 April 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 CNRFC Memo 5420 Ser N1/126 of 7
Feb 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. 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 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. NR9487-13
The transfer of Post-9/11 GI Bill benefits requires military
members, active and selective reserve, to log into the Transfer
of Education Benefits (TEB) website and transfer the benefits.
Evidence shows that you failed to take the steps necessary to
transfer benefits. Your application claims, essentially, that
prior to retiring you went online and thought you had
transferred your benefits to your spouse. While you did go
online and initiate a transfer request, you failed to follow up
online on the status of your request. Your application also
claims that “nothing online told me my Page 13 was missing.” In
accordance with NAVADMIN 203/09, “Members may check TEB
periodically for status of their application. A. If request is
disapproved, member must take corrective action and reapply.”
You have also not provided any proof that you previously
submitted a Page 13 obligating for the additional service
obligation.
Furthermore, NAVADMIN 203/09 also states that “For those
eligible for retirement on or after 1 August 2010 and before 1
August 2011, two years of additional service is required.”
Therefore since you did not have an additional two years of
remaining service, you were ineligible to transfer benefits in
September 2011. Accordingly, your application has been denied.
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,
TD, er
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure: CNRFC Memo 5420 Ser N1/126 of 7 Feb 14
NAVY | BCNR | CY2014 | NR3933 14
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