BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110011524 


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 transfer of his GI Bill educational benefits to his children under the Post 9/11 GI Bill transferability option.

2.  The applicant states he attended a pre-retirement briefing on 21 October 2009 at Fort Monroe, VA.

	a.  The education representative informed attendees that retirees could transfer their Post 9/11 GI Bill education benefits to their dependents.  This option was restricted to those who were retirement eligible (if they completed
20 years of active duty) during the period 1 August 2009 through 1 August 2013.

	b.  He met the criteria based on his 1 February 2010 retirement date.

	c.  He attempted to enroll his two dependent children into the Transfer of Education Benefits (TEB) system before his retirement date.  The TEB system indicated that he did not have any dependents.  He asserts that his children have been enrolled in the Defense Enrollment Eligibility Reporting System (DEERS) since they were born.  He is experiencing this same problem with the Department of Veterans Affairs (DVA) and he has taken action to try to resolve the matter.

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty)


* a DD Form 1172 (Application for Uniformed Services Identification Card - Defense Enrollment Eligibility Reporting System (DEERS) Enrollment)

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer in the
U.S. Army Reserve (USAR) on 31 July 1987.

2.  He was promoted to the rank/grade of major (MAJ)/O-4 on 1 October 2000.

3.  U.S. Army Human Resources Command, St. Louis, MO (HRC-STL), memorandum, dated 4 September 2008, notified the applicant of his eligibility for retired pay at age 60.

4.  Orders A-12-824570, issued by HRC-STL, dated 3 December 2008, ordered the applicant to active duty on 1 January 2009 (for a period of 396 days) to obtain 20 years of active Federal service under the Extended Active Duty Sanctuary Program.

5.  The applicant's DD Form 214 for the period ending 31 January 2010 shows he was retired by reason of sufficient service for retirement and he was transferred to the USAR Control Group (Retired).  He completed 1 year and
1 month of net active service this period with 19 years, 3 months, and 8 days of total prior active service for a total of 20 years, 4 months, and 8 days of creditable active service.  His DD Form 214 further shows he completed 2 years, 1 month, and 22 days of total prior inactive service.

6.  In support of his request, the applicant provides a copy of a DD Form 1172 that shows Mariah C. J------- and Christopher M. J------- are listed as the applicant's dependent children.  It shows that their eligibility status for medical care was effective 1 February 2010 [applicant's retirement date] and their status was verified at the Joint Base Langley Eustis, Fort Eustis, VA, on 31 May 2011.

7.  In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Enlisted Professional Development Branch, Washington, DC.

	a.  The advisory official does not recommend administrative relief, unless the applicant can provide evidence showing he attempted to transfer benefits to his dependents prior to leaving military service, but could not do so due to the stated 


issues with his dependents in DEERS and/or that he was given false information by a reliable source about the rules of transferring education benefits.

	b.  The advisory official notes the applicant was eligible to transfer benefits to his eligible dependents under the Post 9/11 GI Bill, if he transferred them before he left service.

	 c.  The TEB online database shows the applicant was eligible to transfer benefits to his spouse (Anita N. J-------) and his two dependent children.

	d.  The advisory official notes the Department of the Army, Department of Defense (DoD), and the DVA 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 the implementation date of
1 August 2009.

	 	(1)  A Soldier must first request to transfer benefits on the DoD TEB online database, which was operational beginning 29 June 2009.  Once approved in the TEB online database by the Soldier's Service, the approval information is relayed to the DVA.  The dependent must then submit an application for VA education benefits.

	 	(2)  A Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless they left Service during the implementation phase (i.e., the first 90 days) of the program.

	 	(3)  The applicant's last day on active duty was 31 January 2010.

	 	(4)  The TEB website shows no action was taken by the applicant to transfer any benefits.  In addition, he provided no documentation to support his claim.

8.  On 13 September 2011, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.

9.  On 27 September 2011, the applicant provided his response.  He restated his previous argument .  He added that he tried to transfer his education benefits in the TEB online system on 28 October and 15 December 2009, but the system indicated that he did not have any dependents and it would not allow him to proceed any further in the process.


10.  The TEB website shows on the "Apply For Benefits" page, "If you don’t have the capability to apply online, you can call 1-888-442-4551 to have a form mailed to you.

11.  Public Law 110-252 (Supplemental Appropriations Act, 2008), in pertinent part, provides authority to transfer unused education benefits to family members.

	a.  This Public Law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic educational assistance under this chapter to elect to transfer entitlement to unused educational benefits to one or more of the specified dependents.

	b.  An eligible individual is any member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, has completed at least:

		(1)  6 years of service in the armed forces and enters into an agreement to serve at least four more years as a member of the Armed Forces; or

		(2)  the years of service, in pertinent part, as determined in Army regulations as set established by the Secretary of the Army.

	c.  An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement as follows:

		(1)  to the individual's spouse;

		(2)  to one or more of the individual's children; or

		(3)  to a combination of the individuals referred to in paragraphs (1)
and (2).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his GI Bill educational benefits should be transferred to his two children under the Post 9/11 GI Bill transferability option because he attempted to transfer a portion of his GI Bill benefits to them on 28 October and 15 December 2009, but the TEB online system did not show them as his eligible dependents in DEERS.


2.  The evidence of record shows:

	a.  information on the Post 9/11 GI Bill and transfer of entitlements was published in military, public, and social media venues well in advance of the implementation date of 1 August 2009;

	b.  the applicant received counseling on veterans' educational benefits and the Post 9/11 GI Bill transferability option at his pre-retirement briefing on
21 October 2009;

	c.  the applicant retired from active duty on 31 January 2010; and

	d.  his two dependent children are enrolled in DEERS with eligibility dates for medical care, effective 1 February 2010.

3.  Notwithstanding the applicant's contention that he attempted to transfer a portion of his GI Bill benefits to his dependent children on the TEB online system on 28 October and 15 December 2009, the TEB website shows no action was taken by the applicant to transfer any benefits.

4.  There is no evidence of record, and the applicant provides insufficient evidence, to show he attempted to resolve the issue of the enrollment of his dependent children in DEERS and the TEB online system at any time between 28 October 2009 and 31 January 2010 (the date he retired from active duty).
In addition, there is no evidence he requested an application form or that he submitted a paper application.

5.  The applicant is eligible to receive benefits under the Post 9/11 GI Bill for himself, as he meets the basic requirements for entitlements.  However, he is not eligible to transfer those benefits as he did not do so while on active duty.

6.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.


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)                                         AR20110011524



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ABCMR Record of Proceedings (cont)                                         AR20110011524



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