IN THE CASE OF:
BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110018668
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 October 2009
* he was on terminal leave from July to October 2009
* prior to his terminal leave he changed from the Montgomery GI Bill to the Post 9/11 GI Bill
* he was not informed that he needed to transfer his GI Bill benefits to his three children prior to retirement
3. He provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 309-0319, dated 4 November 2008
* Enlisted Record Brief
* SGLV Form 8286 (Servicemembers' Group Life Insurance Election), dated 21 January 2009
CONSIDERATION OF EVIDENCE:
1. After completing 22 years, 6 months, and 22 days of active duty service, the applicant was retired on 30 September 2009 in the grade of master sergeant (MSG)/E-8.
2. He provided a copy of his SGLV Form 8286, dated 21 January 2009, that shows he had three dependent children and a spouse.
3. During the processing of this case, on 1 November 2011, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Chief, Enlisted Professional Development Branch, who recommended approval of the applicant's request. The advisory official stated:
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 applicant's last day in service was 30 September 2009 and he would have been eligible to transfer the benefit if he transferred before he left the service.
d. The TEB online database shows that the applicant had four eligible dependents enrolled in the Defense Eligibility Enrollment Reporting System (DEERS). He was eligible to transfer those benefits to all four of those dependents.
4. A copy of the advisory opinion was forwarded to the applicant. He acknowledged receipt of the advisory opinion but had no further comments.
5. 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 evidence of record shows the applicant retired on 30 September 2009, within 90 days of the implementation of the program authorizing transfer of Post 9/11 GI Bill benefits.
2. In view of the available evidence and the advisory opinion, it would be appropriate to correct his record to show he submitted a timely request to transfer his Post 9/11 GI Bill benefits to his dependents prior to his retirement.
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 the applicant 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) AR20110018668
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ABCMR Record of Proceedings (cont) AR20110018668
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