DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
707 ©. COURTHOUSE ROAD, SUITE 1001
ARLINGTON. VA 22204-2490
JET
Docket No. NR3138-24
12 Nov 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, congidered your
application on 12 November 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,
reguiations and policies. In addition, the Board considered the
advisory opinion Furnished by HOMC memo 7220 MPO of 7 Aug 14, a
copy of which is attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence suomitted 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/i1 Veterans Fducation 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 pe 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. NR3i38-14
rovisions are intended as an incentive vice a benefit. Members
who are retired are not eligible to transfer.
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 tha& 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
tprior 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 -appiying
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,
ROBERT J. O’NETUL
Fxyecutive Director
“Enclosure: HOMC memo 7220 MPO of 7 Aug 14
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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.
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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. ‘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. Consequently, when applying for a correction of an official naval record,...
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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...
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