IN THE CASE OF: BOARD DATE: 12 March 2015 DOCKET NUMBER: AR20140013228 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 he transferred his educational benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill prior to retiring from active duty. 2. The applicant states that he was not told during his out-processing that he had to transfer his educational benefits while he was still on active duty. He indicated on his Preseparation Counseling Checklist that he wanted information on his education benefits. The only information he received was the notation: "www.ebenefits.va.gov." As much time and service he has given to his country, he deserves these educational benefits. 3. The applicant provides a copy of his DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members) and his DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. The applicant is a retired Regular Army sergeant first class/E-7. He retired effective 31 May 2012 with over 21 years of active duty service. 2. He provides his DD Form 2648, dated 15 December 2012, showing in item 13a (Education Benefits) that he wanted counseling in this item and was referred to "www.ebenefits.va.gov." 3. Public Law 110-252 (Supplemental Appropriations Act, 2008) provides the authority for members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 to transfer unused educational benefits to eligible family members. This public law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic educational assistance under this chapter to elect to transfer entitlement to unused educational benefits to one or more of the specified family members. a. The law identified the qualifying Title 10 and Title 32 duty that a service member must have performed on or after 11 September 2001 to gain eligibility for the Post-9/11 GI Bill. b. The Post-9/11 GI Bill TEB Program was implemented on 1 August 2009. c. Eligibility to transfer unused benefits is limited to those members of the U.S. Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. 4. When the TEB program was initiated in 2009, the Army, DOD, and VA initiated a massive public campaign that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and the TEB. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his educational benefits should be transferred to his dependents under the TEB provision of the Post-9/11 GI Bill because he was never informed of the requirement to transfer the benefit before he retired from active duty. 2. Records show the applicant was referred to a website www.ebenefits.va.gov for information on his education benefits. There is no evidence indicating he visited the website. Further, the TEB provision of the Post-9/11 GI Bill was widely publicized long before his retirement. 3. Considering all the evidence and information presented by the applicant, together with the evidence of record, there is no basis for granting the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ 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) AR20140008075 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140013228 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1