EEE SYS EE
DEPARTMENT OF THE NAVY
ROARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD, SUITE 1901
ARUNGTON, VA 22204-2490
JET
Docket No. WNR1068-14
14 Jul 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 14 July 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 HQMC Memo 4920 MPO of 29 May 14,
copy of which 4s attached and was previously sent you, to which
you failed to respond.
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
concurred with the comments contained in the advisory opinion.
The Post-9/11 veterans Education Assistance Act (Ppost-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.
Fyidence shows that you failed to take the steps necessary to
transfer benefits. Your application claims, essentially, that
“the Transition of Education Benefits (TEB) election form
offered on the Post 9/11 GI Bill website was (is) misleading and
unclear which resulted in the loss of transferability of earned
education benefits to my dependents”. You also allege that the
DoD 1341.13 did not state that a Marine’s dependent would
“automatically become ineligible to receive Post-9/11 GI Bill
penefits upon retirement unless the member provides a minimum of
one month of benefit on the TEB website at the time of
enrollment”. 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 separation...”
you transferred all 36 months to your son nD and did
not transfer anything to your other three dependents, leaving
you the option to later modify the transfer of benefits.
To modify your application to change the number of designated
months for your other three dependents would have required you
to make the modification while you were still on active duty.
However, you failed to take the necessary steps to modify your
application prior to retiring. You have provided no evidence
that you attempted to assert your rights by modifying your
application prior to retiring, and you have also not provided
evidence of any extraordinary circumstances that prevented you
from asserting your rights.
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.
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.
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
Docket Ne. NR1068-14
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 regulari hes 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,
Enclosure: HOMC Memo 7220 MPO of 29 May 14
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