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NAVY | BCNR | CY2014 | NR6441 14
Original file (NR6441 14.pdf) Auto-classification: Denied
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Docket No. NR6441-14

who are retired are not eligible to transfer. Into
the Post-9/1l GI Bill has been readily and publicly available,
and you could have used available resources to educate yourself

on your educational benefits.

Your application claims, “I was eligible to transfer to the
Flee. Reserve Pemruary oe 2011. iL was stationed at the Navy
Personnel Command (NPC) at the time the Post 9/11 GI (Bjiii was
enacted and consulted several individuals prior to electing to
transfer to the Fleet Reserve.” Petitioner further claims that
“one of those individuals was a person responsible for the
approval to transfer eligibility for all Navy members at NPC.
This individual | ensured me that this decision would
have no bearing on my ability to transfer benefits.” However,
the Board found that you have provided no proof that you were
misled or given misinformation.

Your application further claims, “I am writing this notice of
Disagreement based on the denial that I received from the
Department of veteran affairs dated 26 August 2013. This letter
states that I had an active duty date obligation end date of

:

January 10, 2012 and that I was discharged with an effective
date of May 31, 2011, and did not complete his obligation and
therefore am not eligible to transfer my Post 9-11 GI Bill to my

spouse.” The Board members concurred with the advisory opinion,

a
and took into consideration, that on 11 January 2010, you

 

submitted your Trans-er of Education Benefits (TER) request
agreeing ©o =ne serms of -~rans=erabl1.2\ Your TEE request was
approvee with at bligated End Dare NED: of 10 January 201s
twhieh 18 clearly visible 22 -Ne TEE application’ Of, 31

2013 you voluntarily retived, transierring © che Fleet Reserve
pefore the OED of 10 January 2012 you agreed to when you
transferred your Post-9/11 GI Bill benefits to your dependents

Under these circumstances, the Board found that no relie= 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
evidence within one year from the date of the Board's decision.

 

“] understand and agree to remain in the armed Forces for the period required. -
understand that failure to complete that service may Jead to an overpayment py the
Department of veterans Affairs for any payments made. (Service documentation will
Dochet Ne. NR6441-14

New evidence is evidence not previous-y considered by the Boare
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
d, the burden is on

an official naval recor

for a correction of is
the applicant to demonstrate the existence of probable materia

eee lo eA

error Ul anjuUscice.

Sincerely,

    

OBERT J. O'NEILL
Executive Director

Enclosure: CNPC memo 1780 PERS-314 of 19 Nov 14

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