DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5. COURTHOUSE ROAD, SUITE 400%
ARLINGTON, VA 22204-2490
JET
Docket No. NR7632-13
7 Apr 14
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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 7 April 2014. 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 13 Dec
13, 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
substantially 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
Docket No. NR7632-13
provisions are intended as an incentive vice a benefit. Members
who are retired are not eligible to transfer.
Evidence shows that you failed to take the steps necessary to
transfer benefits. Your application claims, essentially, that
following an extensive brief in November or December 2009, you
logged into the system and transferred 1 month of benefits to
each of your children, but now the system is not showing that
information. However, according to Commander Navy Personnel
Command, PERS-314, the Transfer of Education Benefits (TEB)
system shows your first attempt of logging into the system as
being 14 March 2012 and your second attempt on 24 December 2012.
Both of these dates are after you retired, and would not have
allowed you to make the transfer of Post-9/11 GI Bill benefits
to your dependents. You have provided no evidence to
substantiate that you entered the TEB system while you were on
active duty to transfer such benefits.
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.
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 and
material evidence or other matter not previously considered by
the Board. 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,
OT ye DS, (om
ROBERT D. ZSALMAN
Acting Executive Director
Enclosure: CNPC Memo 1780 PERS-314 of 13 Dec 13
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 | 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...
NAVY | BCNR | CY2014 | NR7582 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. 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. New evidence is evidence not previously considered by the Board prior to making its decision in this case.
NAVY | BCNR | CY2014 | NR6879 14
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...
NAVY | BCNR | CY2014 | NR7359 14
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. 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. If request is disapproved, member must take corrective action and reapply.” Furthermore, the Board members took into consideration, that on 29 January 2014 you...
NAVY | BCNR | CY2014 | NR8068 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. 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...
NAVY | BCNR | CY2013 | NR4117 13
In addition, the Board considered the advisory opinion furnished by CNPC Memo 1780 PERS-314 dtd 17 Sep 13, a copy of which is attached. Members who are retired are not eligible to transfer such benefits. Had you followed up on your application after it was rejected in October 2009, you would have been able to complete any actions necessary to effect the transfer of benefits.
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 | NR9375 14
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 benefits. NR9375-14 daughter's cane the application but is appears that her name was dropped.” e Board concurs with the advisory opinion that a review of your record shows that you initially designated 18 months to your son, but later went back and modified it to 16 months.
NAVY | BCNR | CY2014 | NR6633 14
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. b. Petitioner successfully submitted an online TEB request to transfer his Post-9/11 GI...