BOARD FOR CORREC
arya ©
ARLINGTO!
This is in reference to your application fo
naval record
A three-member panel of the Board
e session,
mber 2014.
accordance with administrative
Records, sitting in executiv
application on 30 Septe
injustice were reviewed in
regulations and procedures appl
Board. Documentary
of your application,
support thereof, your nava
regulations and policies.
advisory o
copy of which is attached.
In a
ro
CL
conscientious
found that th
After careful and
record, the Board
insufficient to
error or injustice. In making
concurred with the comments con
The Post-9/11 Veterans Educatio
Bill, Public Law 110-252) was §
and became effective on 1 Augus
the essential components of the
beginning in summer 2
published in the summer of 2009
Under the governing regulations
benefits,
reserve at the time of the
important feature of the law
rey joey ry
pursuant to the provisions of
material considered b
pinion furnished by HOMC memo /ee
establish the existence of pr
008 and speci
a member must be on ac
election to transfer.
because the transferability
DEPARTMENT OF TA NAVY
TION OF NAVAL RECORDS
ary
ISE ROAD. Sl JITE 100
N, VA 22204-2496
JET
Docket No.
30 Sep 14
NR2358-14
r correction of your
10 USC L552.
for Correction of Naval
considered your
Your allegations of error and
icable to the proceedings of this
y the Board consisted
all material submitted tA
nsidered the
18 Jul 14, a
iO
the Board co
0 MPO
addition,
qAA9 nt
A
consideration of the entire
e evidence submitted was
obable material
this determination, the Board
tained in the advisory opinion.
n Assistance Act (Post-9/11 GI
igned into law on 30 June 2008
t 2009. General descriptions of
new law were widely available
fic implementing guidance was
to be eligible to transtier
tive duty or in the selective
This is an
t
Docket No. NR2358-14
provisions ar intended as an incentive vice a benefit. Members
who are retired are not eligible to transfer.
Fvidence shows that you failed to take the steps necessary to
transfer benefits. Your application claims, essentially, that
“while still on active duty in the Selective Marine Corps
Reserve, I went to the TER Website, and chose to transfer my
education benefits to each of my children...After making that
selection I was not aware of any further follow up that should
have occurred.” However, you offer no proof such as a screen
shot that you entered the system and transferred your benefits
as you claim. In your application you also claim “While I do
not recall any confirmation of approval, I also never received a
denial of benefits ~until my son was enrolled in college and the
benefits were denied.” That is a true statement in that if you
have not entered the TEB website to transfer your benefits and
been approved or have been rejected and receive a rejected
message where you can print the screenshot, you will not receive
any other notification.
MARADMIN 421/09 states in para. *3. Complete electronic transfer
election using TEB” and para. ‘3.E, Members may check TES
periodically for status of their application.” There is no
evidence that you entered the TEB website to transfer your
benefits. Information about the Post-9/11 GI Bill has been
readily and publicly available, and you could have used
available resources to educate yourself on your educational
benefits.
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
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 regularity
attaches to all official records. Consequently, when applying
for a correction of an official naval record, the burden is on
Docket No. NR2358-14
the applicant to demonstrate the
error or injustice.
FT YY VI
Lh V (Sa Ci
ROBERT J. 0! NEILL
Executive Director
Enclosure: HOMC memo 7220 MPO of 18 Jul 14
NAVY | BCNR | CY2014 | NR1068 14
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...
NAVY | BCNR | CY2014 | NR3219 14
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...
NAVY | BCNR | CY2013 | NR5905 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 November 2013. 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. You claim that in August 2009 while you were still on active duty, you transferred your Post-9/11 GI Bill benefits to your dependents.
NAVY | BCNR | CY2014 | NR3895 14
In addition, the Board considered the advisory opinion furnished by HOMC memo 7220 MPO of 22 Sep 14, a copy of which is attached. Accordingly, your application has been denied. NR3895-14 for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
NAVY | BCNR | CY2014 | NR876 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 September 2014. Because of a civil court case Secretary of the Navy was directed to reconsider his decision made in the Records (BCNR) to consider your case regarding your forced retirement per the FY09 Colonel SRB. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2014 | NR3753 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. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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 | NR7359 14
The Board found that in 2011 as you claim, you initially submitted a request to transfer your ‘Post-9/11 GI Bill to your dependents. The Board also determined 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. If request is disapproved, member must take corrective action and reapply.” Furthermore, the Board members took into consideration, that on 29 January 2014 you...
NAVY | BCNR | CY2013 | NR9487 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. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
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 | 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.