DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JET
Docket No. NR8899-14
4 May 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
27 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 1160 Ser
813/022 of 27 January 2015, a copy of which is attached.
establish the existence of probable material error or injustice. In
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 such benefits. 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.
Your application claims “I was not counseled on the effects of my
ability to transfer 9/11 education benefits prior to reenlistment. In
particular the requirement to have 4 years on my EAOS remaining as
Docket No. NR&8899-14
well as to apply within 30 days of the reenlistment date.” The Board
has determined, however, that you have provided no proof that you were
miscounseled or misinformed regarding your reenlistment. You are now
requesting that the Board change your reenlistment contract “from 36
months to 48 months.” In reviewing your record, the Board noted that
your reenlisted on 30 May 2014 for 3 years, and that you did not
attempt to transfer your Post-9/11 GI Bill benefits until July 2014.
The Board concurs with the advisory opinion that changing your
reenlistment contract from 3 years to 4 years will not satisfy the
*service obligation for transferring your Post-9/11 GI Bill benefits
since you attempted the transfer in July 2014 vice May 2014. The
Board has determined and agrees with the advisory opinion, that if you
wish to be eligible to transfer your Post-9/11 GI Bill benefits to
your dependents, you must change the term of your reenlistmént from 3
years to 5 years vice changing it from 3 years to 4 years.
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 1160 Ser 813/022 of 27 Jan 15
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 | CY2014 | NR2389 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. Members who are retired are not eligible to transfer. You also stated in your application that you “submitted a retirement request of 1 August 2014."
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 | NR7227 14
NR7227-14 6 Apr 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. 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 change the term of reenlistment to establish eligibility to transfer Post-9/11 GI Bill benefits to his dependents. The Board, consisting...
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 | 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 | 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 | 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 | NR773 14
Members who are retired are not ¢€ the benefits. Because my retirement date followed 50 closely behind the 1 memo (2270un2002) , the memo was release of the Post 9/11 GI Bil not well known at my command and key points of the memo were not ement.” However, the Board disseminated to me before my retir formation about the Post-9/11 found that whether as you claim in GI Bill was not disseminated to you or the command before your retirement, information about the Post-9/1i GI Billi has...