IN THE CASE OF:
BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20120000669
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 her dependents.
2. She states:
* she retired on 31 August 2009
* she was on terminal leave from 28 June 2009 until retirement
* during her outprocesseing she received a pamphlet on the Post 9/11 GI Bill published in June 2008
* she was not made aware or informed of the provisions to transfer her education benefits to family members while on active duty
3. She does not provide any additional evidence.
CONSIDERATION OF EVIDENCE:
1. After completing 21 years, 7 months, and 12 days of active duty service, the applicant was retired on 31 August 2009 in the grade of major (MAJ)/O-4
2. During the processing of this case, on 13 March 2012, an advisory opinion was obtained from the Chief, Education Incentives Branch, U.S. Army Human Resources Command, Fort Knox, KY, 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 her dependents because she 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 31 August 2009 and she would have been eligible to transfer the benefit if she transferred before she left the service.
d. The TEB online database shows that the applicant had two eligible dependents enrolled in the Defense Eligibility Enrollment Reporting System (DEERS). She was eligible to transfer those benefits to both of those dependents.
3. A copy of the advisory opinion was forwarded to the applicant, but she failed to respond.
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 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 31 August 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 her record to show she submitted a timely request to transfer her Post 9/11 GI Bill benefits to her dependents prior to her 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 her application and the Army approved her request to transfer Post 9/11 GI Bill benefits to her dependents prior to her 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) AR20120000669
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120000669
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120007426
The applicant requests approval of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to her dependent children. The evidence of record shows the applicant retired from active duty on 31 August 2009 which is within 90 days of the implementation of the program. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she filed her application and the Army approved her request to transfer Post-9/11 GI Bill...
ARMY | BCMR | CY2011 | 20110019475
If the applicant had transferred her benefits prior to leaving military service she would not have incurred an additional service obligation because she had an approved retirement date on or after 1 September 2009, or on or before 1 June 2010. f. a Soldier must have no adverse action flag and have an honorable discharge to transfer benefits. The advisory opinion points out: * many Soldiers that left the service during the first 90 days of the program were not fully aware of the requirement...
ARMY | BCMR | CY2014 | 20140002505
The evidence of record shows the applicant was retired from active duty on 31 August 2009, which is within 90 days of the implementation of the program. Therefore, it would be equitable to correct her records to show she applied to transfer her educational benefits under the Post-9/11 GI Bill TEB Program upon implementation of the program. As a result, the Board recommends that all State National Guard and Department of the Army records of the individual concerned be corrected by showing...
ARMY | BCMR | CY2012 | 20120008413
c. A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer benefits to eligible children. The applicant had more than 25 years of service upon her retirement, so she was eligible to transfer benefits to either her spouse or children if she had completed the request before leaving military service. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110019129
The applicant had more than 20 years of service upon retirement, but she was not eligible to transfer to either her spouse or her children because the law requires the Soldier to be in the service on or after 1 August 2009. c. A Soldier may only transfer to eligible dependents. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. Those who retire on or before 1 August 2009 are, by...
ARMY | BCMR | CY2011 | 20110015713
She would have been eligible to transfer the benefits before she retired. 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 document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law...
ARMY | BCMR | CY2011 | 20110021661
The applicant requests, in effect, an exception to policy to transfer his educational benefits to eligible dependents under the Transferring Educational Benefits (TEB) provisions of the Post-9/11 GI Bill. The applicant had more than 21 years of service upon retirement, so he was eligible to transfer benefits to either his spouse or children if he completed the request before leaving military service. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110019846
The evidence of record shows the applicant was fully eligible to transfer his educational benefits under the Post-9/11 GI Bill TEB Program prior to his retirement. The advisory opinion points out: * many Soldiers who left military service during the first 90 days of the program were not fully aware of the requirement to transfer Post-9/11 GI Bill benefits prior to leaving military service * the applicant's last day in military service was 30 September 2009 * he would have been eligible to...
ARMY | BCMR | CY2011 | 20110014582
He states that he retired from active duty on 31 October 2009 and he was eligible to transfer his educational benefits to his dependents under the TEB provisions of the Post-9/11 GI Bill because he had an approved retirement date after 1 August 2009 and before 1 July 2010, with no additional service required. The applicant's military records show he enlisted in the Regular Army on 7 September 1988 and he was honorably retired on 31 October 2009. As a result, the Board recommends that...
ARMY | BCMR | CY2011 | 20110022251
The evidence of record shows the applicant was fully eligible to transfer his educational benefits under the Post-9/11 GI Bill TEB Program prior to his retirement. The advisory opinion points out: * many Soldiers who left military service during the first 90 days of the program were not fully aware of the requirement to transfer Post-9/11 GI Bill benefits prior to leaving military service * the applicant's last day in military service was 31 January 2010 * he would have been eligible to...