IN THE CASE OF:
BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110001056
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, granting of an exception to policy to the Post 9/11 G.I. Bill that will allow him to transfer his educational benefits to his family members.
2. The applicant states, in effect, that on 8 July 2010 he originally requested that his son receive his GI Bill benefits utilizing the mandated website; however, an error occurred in his transaction and his son has been denied his benefits. Due to reasons that are not apparent his transaction did not go through and he has made numerous attempts to correct the error to no avail.
3. The applicant provides a one-page letter explaining his application and a copy of his sons dependent identification card.
CONSIDERATION OF EVIDENCE:
1. The applicant is serving in the United States Army Reserve, pay grade E-7; he was issued his 20-year letter on 10 February 2011. At the time he contends he submitted his request to transfer his benefits he was serving in military occupational specialty (MOS) 25B (Information Technology Specialist).
2. In the processing of this application 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 publicized well in advance of the implementation date of 1 August 2009. Individuals had to be serving on active duty at the time or as a member of the Selected Reserve at the time benefits were transferred and there is no record of such a transfer being made. The officials opined that there was no evidence to show the applicant attempted to transfer his benefits before his eligible son turned 23 years of age (21 August 2010). The Transfer of Education Benefits (TEB) website shows no action was taken to transfer any benefits.
3. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
4. Public Law 110-252, Section 3319, dated 22 June 2008, authorized the transfer of unused educational benefits to family members. The law provided, in effect, 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.
5. On 22 June 2009, the Office of the Under Secretary of Defense released Directive-Type Memorandum (DTM) 09-003: Post 9/11 GI Bill, which announced that effective 1 August 2009, individuals serving in the armed forces could affect a transfer of the GI Bill benefits.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he completed a transfer of his benefits on 8 July 2010 is not in question, the evidence submitted with his application and the evidence of record are not sufficient to support his claim.
2. Therefore, in the absence of such evidence, there appears to be no basis to grant his request.
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) AR20110001056
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ABCMR Record of Proceedings (cont) AR20110001056
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