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NAVY | BCNR | CY2014 | NR2476 14
Original file (NR2476 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S COURTHOUSE ROAD, SUITE 1001

ARLINGTON, VA 22204-2490

 

JET
Docket No. NR2476-14
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 o— 1 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 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 1s 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. Information about
Docket No. NR2476-14

the Post-9/11 GI Bill has been readily ana 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

‘| was mol bsieted or informed that 7 had to execute a Transfer

of Education Benefits prior to leaving Active Duty. I was
unable to attend TAP class due to schedule conflicts with my
unit.” However, on your Preseparation Counseling Checklist for
Active Component Service Members (DD Form 2648, Jun 2005),
Section IV, “(Please indicate (by checking YES of NO) whether
you (or your spouse if applicable) desire counseling for the
following services and benefits... 7] Block 13.a., and you
checked off and signed the form indicating that you did not
require counseling on ‘Education benefits (Montgomery GI Bill,
veterans Educational Assistance Program, Vietnam-era, ete.)”.

Furthermore, NAVADMIN 203/09 states that “For those eligible for
retirement after 1 August 2011 and before 1 August 2012, three
years of additional service is required.” Therefore since you
did not have three additional years of remaining service, you
were ineligible to transfer penefits in August 2011.

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
naval record, the burden igs on the applicant to demonstrate the

existence of probable material error or injustice.

Sincerely,

ROBERT J. O'NEILL
Executive Director

 

Enclosure: CNPC Memo 1780 PERS-314 of 1 Jul 14

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