IN THE CASE OF:
BOARD DATE: 22 September 2011
DOCKET NUMBER: AR20110000253
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 approval of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to his dependents.
2. He states he:
* retired on 1 November 2009 as an Army colonel (COL) with over 22 years of active duty service
* attended the 3-day Transition Assistance Program course at Fort MacDill Air Force Base, FL from 30 June to 2 July 2009 and Pre-Retirement Counseling on 12 August 2009 during his preparation for retirement
* was not fully informed of the requirement to transfer benefits to dependents prior to leaving active duty
* has two children ages 16 and 19 that could receive the benefit
* attempted to transfer benefits through the Department of Defense (DoD), Defense Management Data Center, but the system failed to identify his status and didn't allow transfer of benefits
3. He provides:
* Army Times article
* House Resolution (H.R.) 3577 (Education Assistance to Realign New Eligibilities for Dependents Act of 2009)
* Email correspondence
* Briefing used by MacDill, Air Force Base, FL
CONSIDERATION OF EVIDENCE:
1. After completing 22 years and 25 days of creditable active service, the applicant retired from the Regular Army on 31 October 2009 in the rank/grade of COL/O-6.
2. During the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Chief, Enlisted Professional Development Branch, who states:
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
3. The advisory official recommended approval of the applicants request.
4. On 8 June 2011, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He concurred with the advisory opinion and provided no additional information.
5. On 22 June 2009, 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.
6. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post 9/11 GI Bill and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for approval of TEB under the Post-9/11 GI Bill to his dependents has been carefully considered and found to have merit.
2. The Post 9/11 GI Bill was implemented on 1 August 2009, and information pertaining to the transferability of entitlements was disseminated down to education counselors at the installation level.
3. The evidence of record shows the applicant retired from active duty on 31 October 2009, which is within 90 days of the implementation of the program.
4. Therefore, it would be equitable to correct his record to reflect he applied to transfer his education benefits under the Post-9/11 GI Bill TEB Program upon implementation of the program.
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 he filed his application and the Army approved his request to transfer Post-9/11 GI Bill benefits to his dependents prior to his 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) AR20110000253
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110000253
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110008015
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. The evidence of record shows the applicant retired from active duty on 31 October 2009, which is within 90 days of...
ARMY | BCMR | CY2013 | 20130021541
BOARD DATE: 6 February 2014 DOCKET NUMBER: AR20130021541 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. 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...
ARMY | BCMR | CY2011 | 20110021661
The applicant requests, in effect, an exception to policy to transfer his educational benefits to eligible dependents under the Transferring Educational Benefits (TEB) provisions of the Post-9/11 GI Bill. The applicant had more than 21 years of service upon retirement, so he was eligible to transfer benefits to either his spouse or children if he completed the request before leaving military service. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110014582
He states that he retired from active duty on 31 October 2009 and he was eligible to transfer his educational benefits to his dependents under the TEB provisions of the Post-9/11 GI Bill because he had an approved retirement date after 1 August 2009 and before 1 July 2010, with no additional service required. The applicant's military records show he enlisted in the Regular Army on 7 September 1988 and he was honorably retired on 31 October 2009. As a result, the Board recommends that...
ARMY | BCMR | CY2011 | 20110017776
The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009. The evidence of record shows he was honorably retired on 31 August 2009 after completing more than 22 years of service. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2012 | 20120008984
The applicant requests approval of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to his spouse. The evidence of record shows the applicant retired from active duty on 31 October 2009 which is within 90 days of the implementation of the program. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he filed his application and the Army approved his request to transfer Post-9/11 GI Bill educational...
ARMY | BCMR | CY2012 | 20120007426
The applicant requests approval of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to her dependent children. The evidence of record shows the applicant retired from active duty on 31 August 2009 which is within 90 days of the implementation of the program. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she filed her application and the Army approved her request to transfer Post-9/11 GI Bill...
ARMY | BCMR | CY2012 | 20120001329
The applicant requests, in effect, an exception to policy to transfer his educational benefits to eligible dependents under the Transfer of Education Benefits (TEB) provisions of the Post 9/11 GI Bill. The applicant contends his records should be corrected to allow him, as an exception to policy, to transfer his educational benefits to eligible dependents under the TEB provision of the Post 9/11 GI Bill. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130002033
IN THE CASE OF: BOARD DATE: 24 September 2013 DOCKET NUMBER: AR20130002033 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120006833, on 9 October 2012. The evidence indicates he served for a qualifying period, was eligible to complete, and could have completed the TEB action...
ARMY | BCMR | CY2012 | 20120007860
The applicant had more than 20 years of service upon retirement, so he was eligible to transfer to either his spouse or children (if he completed the request before leaving military service). The applicant contends his records should be corrected to allow him, as an exception to policy, to transfer his educational benefits to eligible dependents under the TEB provision of the Post-9/11 GI Bill. As a result, the Board recommends that all Department of the Army records of the individual...