SS EPARTMENT OF THE NAVY
BF ES LD BOARD FOR CORRECTION OF NAVAL RECORDS
fay ee Th ae We
Sit 701 S, COUR! HOUSE ROAD, SUITE 100%
; ARLINGTON, VA 22204-2496
JET
Docket No. NR3982-14
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, considered your
application on 12 November 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
requlations 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 20 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 dune 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. NR3982-14
provisions 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
wen Bequest. . eee eg
The Board members also considered your request for a personal
appearance; however, they found that the issues in the case were
adequately documented and that a personal appearance would not
materially add to the Board's understanding of the issues
involved. Thus, your request for a personal appearance has been
denied. &
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
the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
ROBERT J. O’ NEILL
Hrecutive Director
Enclosure: CNPC memo 1780 PERS-314 of 20 Aug 14
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 | NR307 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 2014. 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. However, the screen shot of the Transfer of Education Benefits (TEB) application you printed prior to submitting your application clearly shows two...
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 | NR5091 14
In addition, the Board considered the advisory opinion furnished by CNPC memo 1780 PERS-314/025 of 22 Sep 14, a copy of which is attached. This is an important feature of the law because the transferability Docket No. New evidence is evidence not previously considered by the Board prior to making its decision in this case.
NAVY | BCNR | CY2014 | NR7632 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. 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.
NAVY | BCNR | CY2013 | NR5607 13
In addition, the Board considered the advisory opinion furnished by CNPC Memo 1780 PERS-314 dtd 26 Sep 13, a copy of which is attached. This is an important feature of the law because the transferability provisions are intended as an incentive vice a benefit. 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 | 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 | 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 | NR2389 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. You also stated in your application that you “submitted a retirement request of 1 August 2014."
NAVY | BCNR | CY2014 | NR5317 14
In addition, the Board considered the advisory opinion furnished by CNPC memo 1780 PERS-314 of 30 Oct 14, a copy of which is attached. All other dependents have “zero” for number of months and do not have a transfer begin or end date.“ The Board further found 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. New evidence is evidence not previously considered by the...