DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JET
Docket No. NR7359-14
6 Apr 15
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
6 April 2015. 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 CNPC memo 1780 PERS-314
of 23 December 2014, 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 provisions are intended as an
incentive vice a benefit. Members who are retired are not eligible to
transfer. Information about the Post-9/11 GI Bill has been readily
and publicly available, and you could have used available resources to
educate yourself on your educational benefits.
Docket No. NR7359-14
Your application claims, that “I believe the record to be in error
because the original submission of transfer of GI Bill benefits was
2011; due to the lack of expertise of the Administrative
representative, the member was not aware of the difference in officer
and enlisted EAOS requirements. These inadvertent errors directly
resulted in the denial of my transfer of GI Bill benefits to my family
members on the original submission in 2011." The Board found that in
2011 as you claim, you initially submitted a request to transfer your
‘Post-9/11 GI Bill to your dependents. You were rejected for having
failed to obligate to the required obligated end date. However, the
Board further found that in March 2012 you executed a Page 13 and had
it placed within your Electronic Service Record (ESR), but failed to
resubmit your Transferability of Educational Benefits (TEB) request.
The Board also determined 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. One of those
essential procedures states “Members may check TEB periodically for
status of their transfer application. If request is disapproved,
member must take corrective action and reapply.”
Furthermore, the Board members took into consideration, that on
29 January 2014 you resubmitted your request to transfer your
Post-9/11 GI Bill benefits to your dependents and was approved on
29 January 2014, subsequently acquiring an obligation end date of
28 January 2018. You will be required to remain on active duty until
28 January 2018 in order for your dependents to remain eligible for
your entitlements. 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 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: CNPC memo 1780 PERS-314 of 23 Dec 14
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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 Post 9/11 GI Bill benefits to his dependents. RECOMMENDATION: That Petitioner’s naval record be corrected, where appropriate, to show that: a. Petitioner successfully submitted an online TEB request to transfer his Post-9/11 GI Bill benefits to his dependents,...
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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...
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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. The Board has determined, -however, that regardless of who was with you when you claim to have :made the transfer of benefits, there is no evidence of you having ever “transferred your Post-9/11 GI Bill benefits to your dependents. Furthermore, the Board found that even there was evidence to...
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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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NR6879-14 application claims, “I was not informed of the two year requirement to transfer my GI Bill would take effect at the time of transfer.” In reviewing your record, however, the Board concurred with NAVADMIN 203/09 states “For those eligible for retirement on or after 1 August 2011 and before 1 August 2012, three years of additional service is required.” Therefore since you did not have an additional three years of remaining service, you were ineligible to transfer your Post-9/1i1 GI...
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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...
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