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NAVY | BCNR | CY2014 | NR2082 14
Original file (NR2082 14.pdf) Auto-classification: Denied
Sa, DEPARTMENT OF THE NAVY

s
BER Zs BOARD FOR CORRECTION OF NAVAL RECORDS
ig eames 701 S, COURTHOUSE ROAD, SUITE 1001

ARLINGTON, VA 22204-2490

   

JET
Docket No. NR2082-14
20 Jan 15

 

 

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 20 January 2015. 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 N1/1169 of 20
Nov 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
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

se a Ne
Docket No. NR2082-14

who are retired are not eligible to transfer their education
benefits.

Evidence shows that you failed to take the steps necessary to
transfer benefits. Your application claims, (Mon 23
Jun’01 falsely claimed on Montgomery GI Bill - Selected Reserve
Record Adjustment/Audit Worksheet, that I was transferred to the
IRR on 14 Nov 1999." You further claimed that, “I have provided
documentation that I was an active participant up until I went
into the IRR in Nov 00 and reaffiliated with a new unit at Pt.
Mugu on 24 Feb 2001.” Furthermore, as part of your application,
you included a copy of your Re-Affiliation Waiver dated 29 March
2001, acknowledging then that the date you were last terminated
from.inactive duty was 14 November 2000.

The Board found that though you may have been actively drilling,
you were drilling as a member of the Individual Ready Reserve
(IRR). When you voluntarily transferred to the IRR, you
transferred from the Selective Reserve (SELRES) and terminated
your Montgomery GI Bill - Selected Reserve (MGIB-SR} (Basic)
Statement of Understanding (SOU) you signed when you joined the

- drilling Navy Reserve, along with the Notice of Basic
- Eligibility (NOBE). The MGIB-SR required that you serve: six

years of Inactive-Duty Training (IDT) drilling in the Selective
Reserve. 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
evidence within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in this case. 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
a

Docket No. NR2082-14

the applicant to demonstrate the ¢€
error or injustice.

xistence of probable material
Sincerely,

pi vet flne(/
ROBERT J. O'NEILL
Executive Director

Enclosure: CNRFC memo 5420 Ser N1/1169 of 20 Nov 14

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