BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100022727
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, in effect, that he be granted an exception to policy to the Post-9/11 GI Bill that will allow him to transfer his education benefits to his dependents.
2. The applicant states he originally requested that his wife and two of his daughters receive a portion of his Montgomery GI Bill benefits and subsequently tried to change his election to show that he desired two of his daughters to receive his benefits; however, due to an error none of his dependents are listed to receive his benefits. He goes on to state that he attempted to make the change in August 2009 while he was still on active duty because he knew he was retiring soon and he has made every attempt to correct the mistakes that have occurred to no avail.
3. The applicant provides:
* a one-page letter explaining his application
* copies of his marriage license and birth certificates for his children
* a copy of his DD Form 1172 (Application for Uniformed Services Identification Card Defense Enrollment Eligibility Reporting System (DEERS) Enrollment), dated 21 September 2010
* a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a copy of an email from the Post-9/11 GI Bill Team, dated 17 August 2010
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 30 August 1989 and served as a financial management specialist through a series of continuous reenlistments. He was promoted to pay grade E-6 on 1 November 2002.
2. On 31 March 2010 he was honorably retired and placed on the Retired List in pay grade E-6 effective 1 April 2010. He completed 20 years, 7 months, and 1 day of total active service.
3. In the processing of this case a staff advisory opinion was obtained from the Headquarters, Department of the Army, Office of the Deputy Chief of Staff, G-1, which opines that the applicant is not entitled to relief because the Post-9/11
GI Bill transferability program is based on legal authority outlined in law and information on the program was publicized well in advance of the implementation date of 1 August 2009. Individuals had to be serving on active duty at the time benefits were transferred and there is no record of such a transfer being made.
4. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of this Board.
5. Public Law 110-252, section 3319, dated 22 June 2008, authorized the transfer of unused education benefits to family members. The law provided that the Secretary of Defense would prescribe the implementation of the program. It also provided that eligible participants must be serving as a member of the Armed Forces when the transfer is executed.
6. On 22 June 2009, the Office of the Under Secretary of Defense released Directive-Type Memorandum 09-003 Post-9/11 GI Bill which announced that individuals serving in the Armed Forces could affect a transfer of the GI Bill benefits effective 1 August 2009.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. However, according to the applicable law and regulation, he is not eligible to transfer benefits under the Post-9/11 GI Bill transferability program. He retired from the Army on 31 March 2010 and there is no record of his transferring his educational benefits prior to his retirement. Unfortunately, there are no provisions in the law for retroactive eligibility that will allow him to transfer his benefits.
2. Additionally, the Departments of the Army, Defense, and Veterans Affairs initiated a massive public campaign plan that generated major communications through military, public, and social media venues. Information on the Post-9/11
GI Bill and subsequent transfer of entitlements was published well in advance of its implementation.
3. While the sincerity of the applicants claim that he completed a transfer of his benefits prior to retiring is not in question, he failed to show through the evidence submitted with his application and the evidence of record sufficient evidence to support his claim. In the absence of such evidence, there appears to be no basis to grant his request.
4. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x ___ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100022789
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100022727
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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