IN THE CASE OF: BOARD DATE: 5 February 2013 DOCKET NUMBER: AR20120013733 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his records to show that he applied to transfer his educational benefits to his dependents under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill. 2. The applicant states he, in effect: * reached his mandatory retirement date in 2009 * was rushed out of the military without a chance to attend any form of pre-retirement seminar/training * desired some type of counseling about his benefits as a retiree * found himself out of the system with no clue about benefits * he is interested in transferring his educational benefits to his children 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. After completing over 30 years of service for pay purposes, the applicant was retired on 12 September 2009, in the rank of lieutenant colonel (O-5). 2. During the processing of this case, on 22 October 2012, an advisory opinion was obtained from the Chief, Education Incentives Branch, U.S. Army Human Resources Command, Fort Knox, KY, who recommended approval of the applicant's request. The advisory official stated: a. Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits. The law limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. b. The applicant is eligible to transfer benefits under the Post 9/11 GI Bill TEB Program to his dependents because he left the service within 90 days of the implementation of the program. Although significant measures were taken to disseminate the information to all Soldiers within all Army components during the initial phase of the program, many Soldiers that left service during the first 90 days of the program were not fully aware of the requirement to transfer prior to leaving military service. c. The applicant's last day in service was 12 September 2009 and was eligible to transfer the benefit before he left the service. d. The TEB online database shows the applicant had four eligible dependents enrolled in the Defense Eligibility Enrollment Reporting System (DEERS). He was eligible to transfer those benefits to all four of those dependents. 3. A copy of the advisory opinion was forwarded to the applicant for his information and opportunity to respond. No response was received. 4. On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy states an eligible individual is any member of the Armed Forces on or after 1 August 2009 who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post 9/11 GI Bill and: a. Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election; or b. Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute; or c. Is or becomes retirement eligible during the period 1 August 2009 through 1 August 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of Reserve service. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant's last day of service was on 12 September 2009, within 90 days of the implementation of the program authorizing transfer of Post 9/11 GI Bill benefits. 2. In view of the available evidence and the advisory opinion, it would be appropriate to correct his record to show he submitted a timely request to transfer his Post 9/11 GI Bill benefits to his dependents prior to retirement. BOARD VOTE: ____X____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army approved his request to transfer Post 9/11 GI Bill benefits to his dependents prior to retirement, provided all other program eligibility criteria are met. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20120013733 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120013733 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1