IN THE CASE OF:	  

		BOARD DATE:  7 June 2012

		DOCKET NUMBER:  AR20120001966


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 transfer of his educational benefits to his daughter (M.M.) under the Post-9/11 GI Bill Transferability Program.

2.  The applicant states his daughter graduated college in 2010, but could not find a job, so she decided to go back to school to become a pharmacist.  She started her studies in August 2011.

3.  The applicant provides:

* a Defense Manpower Data Center (DMDC) "milConnect" document
* e-mail correspondence

CONSIDERATION OF EVIDENCE:

1.  The applicant is a U.S. Army Reserve (USAR) officer serving on active duty as a captain.  He entered on active duty on 1 November 2010.

2.  The DMDC shows the applicant has a wife and four children.  They are:

* spouse V.M.
* daughter M.M. – born 5 March 1988 (age 24)
* daughter G.M. – born 25 November 1996 (age 15)
* daughter A.M. – born 11 February 2004 (age 8)
* daughter K.M. – born 20 February 2007 (age 5)
3.  During the processing of this case, on 1 November 2011, an advisory opinion was obtained from the Chief, Enlisted Professional Development Branch, Office of the Deputy Chief of Staff, G-1.  The advisory official states in summary that:

	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.  a Soldier must be currently on active duty or a member of the Selected Reserve at the time of transfer of education benefits to his or her family members (on or after 1 August 2009).  The applicant is on active duty effective 1 November 2010, so he is eligible to transfer his Post-9/11 GI Bill benefits to eligible family members.

	c.  a Soldier must have at least 6 years of eligible service in order to transfer education benefits to a spouse or at least 10 years of eligible service to transfer to eligible children.  He has more than 17 years of service, so he is eligible to transfer to either his spouse or his eligible children.

	d.  a Soldier may only transfer to eligible family members.  To be considered an eligible family member, the spouse or child must be enrolled in the Defense Eligibility Enrollment Reporting System (DEERS) and be eligible for DEERS benefits.  Children lose eligible family member status upon turning 21, or at marriage.  Eligible family member status can be extended from age 21 to age 23 only if the child is enrolled as a full-time student and is unmarried (verified by DEERS).  Once transferred, the benefits may be used up to age 26.  The Transfer of Education Benefits (TEB) online database shows the applicant has
4 eligible family members and 1 ineligible family member enrolled in DEERS:

* his spouse, V.M. (eligible)
* a child, G.M. (eligible)
* a child, A.M. (eligible)
* a child, K.M. (eligible)
* a child, M.M. (ineligible because she was 23 years old as of
5 March 2011)

	e.  a Soldier must also agree to serve the prescribed additional service obligation based on the time the Soldier had in service on 1 August 2009.  If the applicant transfers his benefits to his eligible family members, he will incur an additional service obligation of 4 years.  However, because he does not have a current TEB online database request, he has no additional service obligation.

	f.  a Soldier must have no adverse action flag and have an honorable discharge to transfer benefits.  There is no evidence of an adverse action in the applicant's record.

	g.  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.  He is currently serving on active duty effective 1 November 2011; therefore, he may submit a request to transfer education benefits to his eligible family members (which does not include M.M. due to her age).

	h.  a Soldier must initially request to transfer benefits on the DOD's TEB online database.  The TEB online was operational on 29 June 2009.  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, to request to use the benefits.  The applicant did not transfer education benefits to M.M. (child) prior to her 23rd birthday (5 March 2011); therefore, any application from M.M. must be disapproved.

	i.  changes to the amount of months allocated to family members can be made at anytime, to include once you leave military service, provided the service member allocates at least 1 month of benefits prior to separation.  If the service member allocates 0 months, and subsequently leaves military service, they are not authorized to transfer unused benefits.  The TEB website shows the applicant did not attempt to transfer education benefits to M.M. (child) prior to her 23rd birthday (5 March 2011).

4.  The advisory official recommends disapproval of administrative relief for the applicant.

5.  On 7 March 2012, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 4 November 2011, the applicant responded to the advisory opinion.  He stated:

* he knows he was required to transfer his Post-9/11 GI Bill benefits to his daughter, M.M., prior to 5 March 2011, her 23rd birthday
* he is requesting the Board correct DEERS to show M.M. is still eligible because:

* she did not need his Post-9/11 GI Bill benefits because she had a Pell Grant at an undergraduate school, plus the VA paid 50% of her tuition
* she earned a Bachelor of Science degree but could not find a job and has begun a doctoral program in pharmacy
* her post-graduate tuition costs of $44,000.00 per year are being funded with student loans

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Board correct a DEERS record to show his daughter, M.M., is still eligible to receive his educational benefits under the
Post- 9/11 GI Bill Transferability Program.

2.  The applicant's daughter, M.M., turned 23 on 5 March 2011, making her ineligible for TEB by law.  The applicant admits he knew he had to transfer his benefits to M.M. prior to her 23rd birthday.

3.  There is no error or injustice in this case.  The applicant:

* knew the rules and had from 1 November 2010 (his entry on active duty) to 5 March 2011 (M.M.'s 23rd birthday) to comply by enrolling his daughter
* failed to comply

4.  In view of the foregoing, 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 that 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)                                         AR20120001966



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ABCMR Record of Proceedings (cont)                                         AR20120001966



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