IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110008015
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:
* applied for the Post 9/11 GI Bill on or about 22 June 2009
* requested to transfer those benefits to his dependent children while he was still on active duty in compliance with Army guidelines
* application was approved, but the benefits were never transferred to his children
* dependent children were enrolled in the Defense Eligibility Enrollment Reporting System (DEERS)
* was led to believe he had completed all necessary requirements to transfer his benefits by the education counselor who processed his request
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), DA Form 669 (Army Continuing Education System Record), and two DD Forms 1172 (Application for Uniformed Services Identification Card).
CONSIDERATION OF EVIDENCE:
1. After completing 21 years, 3 months, and 4 days of creditable active service, the applicant retired from the Regular Army on 31 October 2009 in the rank/grade of lieutenant colonel (LTC)/O-5.
2. He provided a copy of his DA Form 669 which indicates he didn't have the Montgomery GI Bill and he completed the application for the Post 9/11 GI Bill.
3. He also provided a copy of his two DD Forms 1172 that list his three dependent children.
4. 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.
c. the TEB online database shows the applicant has four dependents (spouse and three children). Their records indicate no transfer was ever completed on the TEB website.
5. The advisory official recommended approval of the applicants request. A copy of the advisory opinion was forwarded to the applicant to allow him to provide comments. He didnt respond within the allotted timeframe.
6. 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.
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. However, many Soldiers who left service during the first 90 days of the program were not fully aware of the requirement to transfer benefits prior to leaving service.
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) AR20110008015
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ABCMR Record of Proceedings (cont) AR20110008015
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