BOARD DATE: 24 January 2012

		DOCKET NUMBER:  AR20110019279 


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 records to show he elected to transfer his Post-9/11 GI Bill educational benefits to his children.

2.  The applicant states:

	a.  He will retire from 20 years in the Army on 31 January 2012.  He starts his transition leave on 7 October 2011.  He tried to transfer his Post 9/11 GI Bill benefits to his son and daughter and was told that he would have to cancel his retirement and serve an additional 3 years in the Army before he would be eligible to transfer the benefits to his family.

	b.  When he joined the Army in 1991, his enlistment contract stated that he would receive the GI Bill and the Army College Fund Kicker.  He fulfilled his obligations to pay $1200 in the first 12 months in the Army and finish his initial tour of 3 years.  He has served over 20 years in the Army and simply believes it is his right to transfer his GI Bill benefits to his family members without incurring an additional requirement.  He has already met the requirements of the GI Bill.

	c.  New Soldiers no longer have to pay into the GI Bill program as he did and can sign up for the Transfer of Post-9/11 GI-Bill Benefits to Dependents (TEB) during a normal enlistment in their career without having to worry about another commitment as he does.  This is being used as a retention tool when the Army is looking to downsize its force.  This is unfair to senior noncommissioned officers who are simply trying to secure a decent future for their children.

3.  The applicant did not provide any additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 July 1997 and is serving as a sergeant first class (SFC) E-7.

2.  He applied for the transfer of his Post 9/11 GI Bill benefits to his family members on 13 September 2011. 

3.  He applied for retirement effective 1 February 2012.

4.  On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational 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 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 maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.

6.  In the processing of this case, an advisory opinion was obtained from the Chief, Enlisted Professional Development Branch, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army.  The advisory official recommended not granting the applicant administrative relief because he incurred a three year service obligation upon his request to transfer his benefits. This required him to stay in the active service until 12 September 2014.  It is also noted:

	a.  The applicant completed the requirements in the TEB online database on 13 September 2011 with a requested start date of 13 September 2011. 

	b.  A Soldier must also agree to serve the prescribed additional service obligation based on the time the Solider had in service on 1 August 2009.  The applicant incurred an additional service obligation of three years because he had less than 18 years, but more than 17 years of total service as of 1 August 2009.  A Soldier's service obligation starts on the date the Soldier requests to transfer his post 9/11 GI Bill Benefits.
 
	c.  The applicant may request to revoke his retirement to serve the full additional service obligation in the active component and may be authorized to transfer his Post 9/11 GI Bill benefits, if otherwise eligible at that time.

	d.  A Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless they left the service during the implementation phase (first 90- days) of the program.  The Army, Department of Defense, and Department of Veterans Affairs (DVA) initiated a massive publicity campaign plan that generated major communications through military, public, and social media venues on the Post 9/11 GI Bill and subsequent transfer of education benefits. 

7.  On 30 November 2011, 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.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be allowed to transfer his Post-9/11 GI Bill educational benefits to his family.  

2.  He states that he has served over 20 years in the Army and simply believes it is his right to transfer his GI Bill benefits to his family members without incurring an additional requirement.  He has already met the requirements of the GI Bill.  

3.  The available evidence shows the applicant requested to transfer his Post 9/11 GI Bill Benefits to his children with a start date of 13 September 2011.  He incurred a three year additional service obligation that would require he remain on active duty until 12 September 2014.  He will not fulfill that obligation because he is scheduled to retire effective1 February 2012.

4.  There is no provision that shows the applicant is eligible to transfer his educational benefits without incurring the additional service obligation.  He may request to revoke his retirement to serve the full additional service obligation in the active component and may be authorized to transfer his Post 9/11 GI Bill benefits, if otherwise eligible at that time.

5.  In view of the above, there is no 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 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)                                         AR20110007920



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ABCMR Record of Proceedings (cont)                                         AR20110019279



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