IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110003014 


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/his:

* is a retired sergeant first class (SFC) 
* retirement date was effective 1 August 2010
* received his Department of Veterans Affairs (VA) disability rating of 80 percent and he made the decision to enroll in the Veterans Educational Assistance Program to finish his bachelor's degree
* went to his VA Servicing Center at Fort Sill, OK to transfer one month of eligibility to his spouse and two daughters
* contacted the Department of Defense, Defense Management Data Center's help desk and was told he fulfilled the requirements to transfer the benefits

3.  He provides no additional documents.  

CONSIDERATION OF EVIDENCE:

1.  After completing 23 years, 4 months, and 14 days of creditable active service, the applicant retired from the Regular Army on 31 July 2010 in the rank/grade of SFC/E-7.

2.  During the processing of this case, on 27 June 2011, 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.   

	b.  The advisory official recommended denial of the applicant’s request unless he can provide evidence showing he attempted to transfer his benefits prior to leaving military service and/or he was given false information by a reliable source about the rules of transferring education benefits.  The applicant had 23 years of service upon his retirement, so he was eligible to transfer to either his spouse or children if he completed the request before leaving military service.  Their record did not show he completed the requirements in the TEB online database prior to his retirement.

3.  The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He stated that:

   a.  He attended retirement briefings to transition him to retiree status.
   
   b.  A representative from the Fort Sill Education Center told him that he could transfer his benefits once he received approval to start the Vocational Rehabilitation program.
   
   c.  He went to the Fort Sill Education Center two weeks after the briefing and spoke with the same representative who told him that he could transfer his benefits at that time although it was not necessary because he already had the time in service to transfer his benefits at any time.
   
   d.  He logged into the Post 9/11 GI Bill TEB website and he gave one month of benefits to his spouse and two daughters.
   
   e.  He later decided to log into the TEB website, but he realized his spouse and children were not in the system.
   
   f.  He is currently in the Vocational Rehabilitation Program and would like to be allowed to transfer his benefits to his spouse so the benefits he earned don't go unused.  

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.

5.  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 statements in regard to his entitlement to transfer of TEB under the Post 9/11 GI Bill to his dependents are acknowledged.  

2.  The evidence of record shows he was fully eligible to transfer his education benefits under the TEB prior to his retirement on 31 July 2010, but did not do so.  

3.  He contends his failure to transfer his benefits was based on wrong information provided to him by a representative from the Fort Sill Education Center.  He was told that he could transfer his benefits once he received approval to start the Vocational Rehabilitation program.

4.  The DOD, VA, and the Army conducted a massive public campaign plan that generated major communications through military, public, and social media venues.  The information was published well in advance with emphasis on the criteria.  While there may have been some confusion during the early stages after the implementation, the applicant did not retire until nearly a year after the program was implemented.

5.  Since the applicant did not transfer his benefits before he retired on 31 July 2010, he is ineligible to transfer benefits.

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)                                         AR20110003014





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ABCMR Record of Proceedings (cont)                                         AR20110003014



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