IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110021762
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 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.
2. He states prior to retiring he attempted to transfer his education benefits to his dependent. He confirmed the information he entered with a representative. However, the transfer was denied.
3. He provides:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* TEB internet screen printout
* application for family member to use transferred benefits
CONSIDERATION OF EVIDENCE:
1. He was retired for length of service on 30 November 2009 after completing more than 20 years of active duty.
2. He provided a TEB internet printout, dated 5 October 2009, indicating he attempted to transfer 36 months of his education benefits to his daughter prior to his retirement.
3. He provided an application for family members to use transferred benefits signed by him on 3 August 2011.
4. On 21 February 2012, an advisory opinion was obtained in the processing of this case. The U.S. Army Human Resources Command recommended administrative relief for the applicant because he provided TEB request documentation dated 5 October 2009 which was prior to his retirement.
5. The applicant was provided a copy of this advisory opinion for comment. He did not respond.
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.
7. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.
a. A Soldier must initially request to transfer benefits on the DOD's TEB online database. Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for Department of Veterans Affairs (VA) access. The respective family member must then submit an application for VA education benefits (VA-Form 22-1990e (Application for Family Member to Use Transferred Benefits)) to request to use the benefits.
b. Changes to the number of months allocated to family members can be made at anytime, to include once the Soldier leaves military service, provided the service member allocates at least 1 month of benefits prior to separation.
DISCUSSION AND CONCLUSIONS:
1. The program was implemented on 1 August 2009. 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.
2. The applicant's retirement date was 30 November 2009. It appears he attempted to transfer his education benefits to his dependent while on active duty prior to his retirement. As such, as a matter of equity, his records should be corrected to show he transferred at least 1 month of his education benefits to an eligible dependent prior to his effective date of retirement.
BOARD VOTE:
____X____ ____X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 dependent(s) prior to 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) AR20110021762
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ABCMR Record of Proceedings (cont) AR20110021762
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