DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JET
Docket No. NR9375-14
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 1780 PERS-314
of 25 February 2015, 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 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 have transferred my Post 911 benefits to my
two kids for half and half. It appeared that my son’s name eink
only appear on the certificate of el[l]igibility. I put also my
Docket No. 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. Your
other dependents show “zero” for the number of months and does not
have a transfer begin or end date. The Board took into consideration
your statement “If I have known before retiring that I should
designate a month for my cauchNAVY | 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 | 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 | NR5637 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. New evidence is evidence not previously considered by the Board prior to making its decision in this case. 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.
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...
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 | 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 | 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 | NR5095 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 the benefits. New evidence is evidence not previously considered by the Board prior to making its decision in this case.
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.