Pe, DEPARTMENT OF THE NAVY
7 NMA BOARD FOR CORRECTION OF NAVAL RECORDS
a(t 701 S. COURTHOUSE ROAD. SUITE 1007
ae
Bs oe = df ARLINGTON, VA 22204-2490
JET
Docket No. NR3753-14
18 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, considered your
application on 18 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,
regulations and policies. In addition, the Board considered the
advisory opinion furnished by HQMC 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 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
Docket No. NR3753-14
provisions are intended ag an incentive vice a benefit. Members
who are retired are not eligible to transfer.
Your application claims that you injured your knee while you
were on active duty; however, as you state “during our pre-
deployment training I was then able to take my PFT and CFT which
made me elicible to, be promoted to CPL during my deployment.”
You further state, “When I returned in 2013 I dropped to my IRR
pecause there was not enough time left on my contract for me to
be able to be promoted to SGT in or to stay in the Marine
Corps.” The. Board found that you voluntarily dropped to the _
Individual Ready Reserve (IRR). Members may only transfer their
Post-9/11 GI Bill benefits if they are on active duty or a part
“of the Selective Reserve (SELRES). Furthermore, the Board fund
that even if you had not dropped to the IRR but was still
discharged, you did not have the minimum service requirements to
transfer your Post-9/11i GI Bill to your dependents. You did not -
have 10 years of service prior to your discharge. Therefore, in
the Board’s view, you are not entitled to transfer benefits and
no change to your record ig warranted. 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.
Tt 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
the applicant to demonstrate the existence of probable material
error or injustice. °
Sincerely,
ROBERT J. O'NEILL
Executive Director
Enclosure: HOMC memo 7220 MPO of 7 Aug 14
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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 14 July 2014. This is an important feature of the law because the transferability Docket Ne.