DEPARTMENT OF THE NAVY
BOARD FOR CORREULIUN UF NAVAL RECORDS
PO) Se CRAPS PI Pe, NE Om yews
ARLINGTON, VA 22204-2490
JET
Docket No. NR2389-14
10 Sep 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 10 September 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 CNPC Memo 1780°PERS-314 of 10 Jul
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 ef 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
Docket No. NRz2S89- 14
provisions are intended as an incentive vice a benefit. Members
who are retired are not eligible to transfer. 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.
Evidence shows that you failed: to take the steps necessary to
transfer benefits. Your application claims, essentially, that
wpransfer of eligibility of Post 9/11 was approved however, @
OBLISERV requirement of 1 May 2015 was incurred. I am
requesting for Transfer eligibility of Post 9/11 GI-Bill to be
approved without OBLISERV requirement due to the fact that I
received improper counseling from Command Career Counselor
(ccc) .” Whether you were given improper counselor or not, as
previously stated, 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.
You also stated in your application that you “submitted a
retirement request of 1 August 2014." However, in phone
conversation with PERS-314 and as stated in the attached PERS-
314 enclosure dated 10 July 2014 (mailed to you on 28 duly 2014
for a response, which you failed to provide a response), you
submitted your retirement request on 9 December 2013 for a 31
July 2014 retirement. Your retirement was approved on 2 January
2014, and on 31 July 2014 you retired (as verified by DD Form
214). PERS-314's advisory advised that should you retire “prior
to 1 May 2015 his dependents will no longer be eligible for the
Post-9/11 GI Bill 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 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
a Se eS.
Docket No. NRZ389-14
w
ecora, the burden is on the applicant to demonstrate the
naval r
yor or injustice.
existence of probable material er
Sineerely,
AAT I ZF
Yer s i ff (ts
ROBERT J. O'NEILL
Executive Director
Enclosure: CNPC Memo 1780 PERS-314 of 10 Jul 14
NAVY | BCNR | CY2014 | NR4914 14
In August 2011, NAVADMIN 235/11 changed this requirement and established a deadline for transfer of eligibility of August 1, 2013. New evidence is evidence not previously considered by the Board prior to making its decision in this case. Beginning 1 August 2013, DoD Policy requires that all service members who wish to transfer their education benefits to a family member obligate for an additional four years of service regardless of their time in service or retirement date.
NAVY | BCNR | CY2014 | NR773 14
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 | 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 | CY2014 | NR2476 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. In addition, the Board considered the advisory opinion furnished by CNPC Memo 1780 PERS-314 o— 1 Jul 14, a copy of which is attached. Consequently, when applying for a correction of an official naval record, the burden igs on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2014 | NR7582 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 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. New evidence is evidence not previously considered by the Board prior to making its decision in this case.
NAVY | BCNR | CY2014 | NR5095 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 the benefits. New evidence is evidence not previously considered by the Board prior to making its decision in this case.
NAVY | BCNR | CY2014 | NR5637 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 | NR6879 14
NR6879-14 application claims, “I was not informed of the two year requirement to transfer my GI Bill would take effect at the time of transfer.” In reviewing your record, however, the Board concurred with NAVADMIN 203/09 states “For those eligible for retirement on or after 1 August 2011 and before 1 August 2012, three years of additional service is required.” Therefore since you did not have an additional three years of remaining service, you were ineligible to transfer your Post-9/1i1 GI...
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 | NR5036 14
Your application Ciditin, “Se ReGaets soo, T siqned a 1070/613 (Page 13) and also updated the system to transfer my POST 9-11 GI Bill entitlements to my dependents. pr-9> ac transferability request: anda 2, Complete e-ectron-c <= election using TEE.” The Board members furzher founc onlv change which occurred to the program, occurred w portal during affect the databases that contained the have not submitted any proof contrary to the Board members took into consideration, that...