DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JET
Docket No. NR7582-14
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.
The transfer of Post-9/11 GI Bill benefits requires military members,
active and selective reserve, to log into the Transfer of Education
Benefits (TEB) website and transfer the benefits. Evidence shows that
Docket No. NR7582-14
you failed to take the steps necessary to transfer benefits. Your
application claims, “The rules for transferability were being
finalized at the time I was separating from active duty (June-Sept
2009). I was trying to keep track of those...because I wanted to
transfer those benefits, and when I read that the transferability
would be grandfathered to those with retirement papers in process,
without further obligated service, I thought I had it covered. Only
‘this year, when getting ready to register Jacob for college, did I
learn that the transfer has to be made while still on active duty.”
The Board has determined that you have provided no proof that you were
misled or given misinformation which prevented you from transferring
your Post-9/11 GI Bill benefits before retiring from active duty. The
Board further found that information about the Post-9/11 GI Bill has
been readily and publicly available, and you were not barred from
using those available resources to educate yourself on your
educational benefits.
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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