DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, Suite 1001
ARLINGTON, VA 22204

 

JET
Docket No. NR6633-14
16 Mar 15

From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD ICO

Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) NAVADMIN 187/09 of 26 Jun 09
(3) NAVADMIN 203/09 of 11 Jul 0g
(4) CNPC memo 1780 PERS-314 of 12 Jan 15
1. Pursuant to the provisions of reference (a) Subject, hereinafter

referred to as Petitioner, filed enclosure (1) with this Board
requesting, in effect, that the applicable naval record be corrected
to establish eligibility to transfer Post9/11 GI Bill benefits to his
dependents.

reviewed Petitioner's allegations of error and injustice on arc

2015 and, pursuant to its regulations, determined that
action indicated below should be taken on the available
record. Documentary material considered by the Board
enclosures, naval records, and applicable statutes, regi
policies.

  

3 The Board, having reviewed all the =
Petitioner's allegations of error and in

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a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and regulations
within the Department of the Navy.

b. The Post-9/11 Veterans Education Assistance Act (Post
9/11 GI Bill, Public Law 110-252) was signed into law on 30
and became effective on 1 August 2009. The bill provides f1
support for education and housing for service members wit
days of service on or after 11 September 2001. The act also includes
a provision for qualifying service members to transfer educational
benefits to dependents. General descriptions of the essential
components of the new law were widely available beginning in summer
2008 but specific implementing guidance was not published until summer
2009.
Docket No. NR6633-14

¢. The Navy's guidance implementing the Post-9/11 GI Bill was
published by NAVADMIN 187/09, released on 26 June 2009, and NAVADMIN
203/09, released 11 July 2009. Under the guidance, “active duty
sailors that separate, retire, transfer to the Fleet Reserve or who
are discharged prior to 1 August 2009 are not eligible to elect
transferability.” See enclosures (2) and (3).

d. Petitioner's application claims that on 20 January 2010 he
signed a Page 13 (see enclosure (1)) agreeing “to complete four more
years in the armed forces from the date that I request transferability
of Post-9/11 GI Bill education benefits to my dependents." However,
Petitioner claims that the Page 13 never made it into his Electronic
Service Record (ESR) when he originally signed it in January 2010.
Petitioner attempted to transfer his Post-9/11 GI Bill benefits on 8

September 2010, however, the request was rejected for lack of
obligated service.

e. Petitioner’s Page 13 signed 20 January 2010, was uploaded
into the Navy Standard Integrated Personnel System (NSIPS) on 7 June
2013. Petitioner resubmitted his Transferability of Education
Benefits (TEB) request to transfer his Post-9/11 GI Bill benefits to
his dependents on 1 July 2013, and it was approved with an obligation
end date of 30 June 2017. Petitioner is requesting “that my official
record be corrected to show this Page 13 as submitted into my record
on or near the date on which it was signed (i.e., in Jan 2010).” He
also claims that “The error prevented the 4-year “clock” to start in
2010, so that if I retire from the Navy in 2014 as planned, I will not
be considered eligible to transfer the benefits even though I actually
satisfied the agreement.”

f. In correspondence attached as enclosure (4), Commander Navy
Personnel Command (PERS-314) has recommended the request be denied.
NAVADMIN 203/09 provided policies and procedures for Navy members to
transfer their Post-9/11 GI Bill entitlement to eligible family
members.’ Petitioner was in in full compliance witk NAVADMIN 203/09
and had “an approved TEB request dated 1 Jul 2013 with an obligation
end date of 30 June 2017, but since << 30 September
2014, his dependents are no longer entitled to his GI Bill benefits.”

CONCLUSION

Upon review and consideration of all the evidence of record, on
balance, the Board concludes that Petitioner’s request warrants
favorable action. The Board carefully weighed the observations made
in enclosure (4) regarding Petitioner’s responsibility. The Board
found that had Petitioner failed to log back into the TEB web site to

 

1 (2) Ensure their additional service obligation (officer and enlisted) is properly
documented in their Electronic Service Record (ESR) before submitting a request.
Because officers’ service is indefinite, and they do not have contracts, their four-
year commitment is recorded on an Administrative Remarks, NAVPERS 1070/613 (Page 13)
in the ESR. They are advised requests would be disapproved for members whose ESR does
not reflect the required additional service.
Docket No. NR6633-14

verify that his dependents were properly enrolled, he would have
realized that the transfer of benefits to his dependents was not
properly executed as he had expected. He could have then taken the
necessary steps to correct the problem. The following factors
militated in favor of relief: The Board found that the Navy failed to
ensure the Page 13 signed by the Petitioner on 20 January 2010, was
properly entered into NSIPS. Therefore, even though the record is
clear that vetitioner dia not become eligibie to transier his Fost-
9/11 GI Bill benefits until 1 July 2013, with obligation end date of
30 June 2017, then later becoming ineligible when he voluntarily
retired on 30 September 2014, the Board felt that under these
circumstances a measure of relief is warranted.

RECOMMENDATION:

That Petitioner's naval record be corrected, where appropriate, to
show that:

a. Petitioner's Page 13 signed 20 January 2010, was entered into
NSIPS on “20 January 2010" vice “7 June 2013”.

b. Petitioner successfully submitted an online TEB request to
transfer his Post-9/11 GI Bill benefits to the dependents, on
“8 September 2010" vice “1 July 2013”.

ec. Petitioner's TEB request was approved with an obligation end
date of “8 September 2014” vice “30 June 2017".

ad. Upon completion of the above changes, COMNAVPERSCOM
(PERS-314) will execute an approved Transferability of Educational
Benefits (TEB) application reflecting the transfer information.

e. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.

4, Pursuant to Section 6(c) of the revised Procedures of the Board
for Correction of Naval Records (32 Code of Federal Regulations,
Section 723.6(c)) it is certified that quorum was present at the
Board's review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
Matter.
Docket No.

5 The foregoing action of the Board is submitted for

and action.

Reviewed and Approved:

 

(LE rd

ROBERT L. WOODS
Assistant General Counsel

(Manpower anc: Reserve Affairs)
1000 Navy Pentagon, Rm 4D548
Washington, DC 20350-1000

ROBERT J. O'NEILL
Executive Director

s/2s / IS

NR6633-14

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