IN THE CASE OF:
BOARD DATE: 3 May 2012
DOCKET NUMBER: AR20110021915
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 he be allowed to transfer his Post-9/11 GI Bill educational benefits to his stepdaughter.
2. The applicant states he transitioned out of the Army on 31 October 2009, but he was on terminal leave after 15 August 2009. The option of transferring his Post-9/11 GI Bill educational benefits was never explained to him. He completed the "TAPS" program at the U.S. Air Force Academy 28-31 July 2009, and the program was not explained there. He had a VA benefits appointment at 0800
13 August 2009, and the ability to transfer the benefits was not presented to him then. He believes the program was too new and no one understood the implications.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and eBenefits pages showing update to the Defense Eligibility Enrollment Reporting System (DEERS) database.
CONSIDERATION OF EVIDENCE:
1. The applicant retired from the Regular Army, effective 1 November 2009, in the rank of lieutenant colonel/O-5.
2. In the processing of this case, an advisory opinion was obtained from the Chief, Education Incentives Branch, U.S. Army Human Resources Command, Fort Knox, KY. The opinion recommended disapproval and stated a Soldier may only transfer to eligible dependents. To be considered an eligible dependent the spouse or child must be enrolled in DEERS and be eligible for DEERS benefits. Benefits can only be transferred to eligible dependents while a Solider is on active duty or in the Selected Reserve. The online database shows the applicant had no eligible dependents enrolled in DEERS as of 31 October 2009, his last day in service. His currents dependents are: S____ A. D____ (Spouse), M____ T. S____ (Stepchild); and T____ E. S____ (Stepchild). Again, these dependents are ineligible to receive Post 9/11 GI Bill education benefits because they were not dependents of the applicant prior to him leaving military service.
3. On 10 January 2012, 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. In his response he states:
a. He was married and assumed responsibility for his stepdaughter on November 2009, which was 8 days after he left the active duty on 31 October 2009. They selected that date because of family obligations. His wife and stepdaughter had been cohabitating with him since 14 August 2009, and they could have easily gotten a marriage license if he knew of the benefit. While he was informed of the Post 9/11 GI Bill benefit, he did not realize it was transferrable, and of course did not know it had to be transferred while he was still on active duty.
b. If he had known of the benefit he would have moved his marriage date
8 days forward.
DISCUSSION AND CONCLUSIONS:
1. He claims that although he was aware of the Post-9/11 GI Bill educational benefits, he was not aware that the benefit could be transferred or the requirement that his dependents had to be enrolled in DEERS. He would have moved up the date of his marriage if he had known.
2. The advisory official recommended the applicant not be granted relief. The available evidence shows that a Soldier may only transfer his Post 9/11 GI Bill educational benefits to his eligible dependents. To be considered an eligible dependent the spouse or child must be enrolled in DEERS and be eligible for DEERS benefits. Regrettably, co-habitation has never established dependency for the purposes of receiving benefits. The applicant did not have dependents enrolled in DEERS on the last day of his military service.
3. In view of the foregoing evidence, he is not entitled to the 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) AR20110019459
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110021915
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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