IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110018829
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 correction of his record to show he made a timely election to transfer his Post-9/11 GI Bill benefits to his eligible family members.
2. He states he attended a mandatory retirement briefing at Fort Sam Houston, TX, in May 2009, prior to beginning his transitional leave on 4 June 2009 and retiring on 30 September 2009. During the briefing, the briefers stated family members would be eligible to use transferred Post-9/11 GI Bill benefits, but they did not provide details of how the transfer would be executed. One of the briefers led the audience to believe the transfer mechanism would not be functional for quite some time, and once it was established, eligible Soldiers could transfer at any time. He later attempted to transfer his benefits without success. It was always his intent to transfer his benefits once he learned that was an option.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and email correspondence concerning transfer of education benefits (TEB).
CONSIDERATION OF EVIDENCE:
1. On 30 September 2009, the applicant retired after completing 20 years, 9 months, and 9 days of creditable active service.
2. During the processing of this case, on 21 February 2012, the Chief, Education Incentives Branch, U.S. Army Human Resources Command, Fort Knox, KY, provided an advisory opinion. The advisory official recommended approval of the applicant's request. The advisory official stated:
* the applicant's last day in service was 30 September 2009 and he would have been eligible to transfer his Post-9/11 GI Bill benefits before he left the service
* he had more than 20 years of service, so he was eligible to transfer his benefits to his spouse or children prior to his retirement
* he had three eligible family members as of his last day in service
* he would not have incurred an additional service requirement because he had more than 20 years of service
* a Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless the Soldier left the service during the implementation phase (first 90 days) of the program
* his last day in the service was within 90 days of the program's implementation
* he did not request to transfer benefits on the Department of Defense's TEB online database because he claims he was unaware of the requirements for transfer
3. A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. On 12 March 2012, the applicant responded stating he fully endorsed the findings in the advisory opinion.
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 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 counseling on the benefits under the Post-9/11 GI Bill to active duty participants and members of the Reserve Components with qualifying active duty service prior to separation or release from active duty 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 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. The available evidence and the advisory opinion support correcting the applicant's record to show he submitted a timely request to transfer his Post-9/11 GI Bill benefits to his eligible family members prior to his retirement.
3. In view of the foregoing, the applicant's record should be corrected as recommended below.
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 eligible family members 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) AR20110018829
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018829
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120006345
The advisory official recommended approval of the applicant's request because the applicant left the military within 90 days of implementation of the program. 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. 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...
ARMY | BCMR | CY2012 | 20120004637
The applicant requests correction of his records to show his educational benefits were transferred to his eligible dependents in a timely manner in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The available evidence shows he was eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2012 | 20120002947
The applicant requests correction of his records to show his educational benefits were transferred to his eligible dependents in a timely manner in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The available evidence shows he was eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2012 | 20120009145
The applicant requests correction of his military records to show he transferred his Montgomery GI Bill benefits to his dependents under the Transfer of Education Benefits (TEB) provisions of the Post-9/11 GI Bill. He would have been eligible to transfer the education benefit if he had transferred them before he left active service. 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...
ARMY | BCMR | CY2012 | 20120000807
He would have been eligible to transfer the benefits before he retired. The policy states that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009. 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 | BCMR | CY2011 | 20110021027
He would have been eligible to transfer the benefits before he retired. The available evidence shows the applicant was fully eligible to transfer his education benefits under the TEB prior to retirement but did not do so. 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 eligible family member prior...
ARMY | BCMR | CY2012 | 20120018251
He would have been eligible to transfer the benefits to his spouse or children before he retired, if he completed the request before leaving military service. The respective family member must then submit an application for VA educational benefits, VA Form 22-1990e, to request to use the benefits. 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...
ARMY | BCMR | CY2011 | 20110014677
The applicant requests, in effect, correction of his records to show he applied for the Post 9/11 GI Bill Transferability Program before he retired from active duty on 30 September 2009 in order to transfer his education benefits to his eligible dependents. If the applicant had transferred his benefits prior to leaving military service he would not have incurred an additional service obligation because he had more than 20 years of service as of 1 August 2009. e. there was no evidence the...
ARMY | BCMR | CY2012 | 20120007508
The advisory official recommended approval of the applicant's request because the applicant left the military within 90 days of implementation of the program. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. 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...
ARMY | BCMR | CY2011 | 20110005670
The applicant requests, in effect and as an exception to policy, correction of his records to show his educational benefits were transferred to his family members in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The available evidence shows he was fully eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to his retirement, but he did not make application do so while on active duty. As a result,...