IN THE CASE OF:	  

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120004637 


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 no information, notification, or training was provided to him regarding the Post-9/11 GI Bill TEB.  He was transferred to the Retired Reserve on 24 August 2009.  He did not transfer his Post-9/11 GI Bill benefits to his spouse prior to this date because he was unaware he had to complete his TEB prior to his retirement.

3.  He provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 09-218-00002
* newspaper article pertaining to the transfer of GI Bill benefits

CONSIDERATION OF EVIDENCE:

1.  On 17 April 2006, he entered active duty in support of Operation Iraqi Freedom as a member of the U.S. Army Reserve.  The DD Form 214 he was issued at the time shows he was released from active duty on 4 July 2007.  He completed 1 year, 2 months, and 18 days of active duty during this period.

2.  Orders 09-218-00002, dated 6 August 2009, published by Headquarters, 364th Sustainment Command (Expeditionary), assigned him to the Retired Reserve effective 24 August 2009 due to completion of maximum authorized years of service.

3.  An advisory opinion was obtained in the processing of this case.  The U.S. Army Human Resources Command (HRC) recommended administrative relief for the applicant because he retired 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 who left the service during the first 90 days of the program were not fully aware of the requirement to transfer their benefits prior to leaving military service.

4.  The applicant was provided a copy of this advisory opinion for comment.  He concurred with the HRC recommendation for relief.  He further stated he attempted on more than one occasion to process his dependent through the TEB website.

5.  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 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.

6.  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 for 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 educational 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.

7.  Service requirements to gain eligibility for Post-9/11 GI Bill benefits include time served on active duty by Selected Reservists after 11 September 2001.  A reservist on active duty need only serve a minimum of 90 days to gain eligibility for 40 percent of the full (100 percent) authorized benefit of 36 months of full-time equivalent education at an approved educational institution.

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.  He was transferred from the Selected Reserve to the Retired Reserve on 24 August 2009.  In view of the fact that the Post-9/11 GI Bill Transferability Program was a new program, it is not unreasonable to presume there were differing interpretations of the implementing instructions by the education counselors at installation level at the onset of implementation.  He did not complete the requirements to apply to transfer educational benefits in the TEB online database.  Due to the time of his transition from military service, it is particularly plausible that he was unaware of the requirement to complete an application to transfer his educational benefits prior to his retirement.

3.  Therefore, in the interest of equity, it would be appropriate to correct his record to reflect he applied to transfer his educational benefits under the 
Post-9/11 GI Bill Transferability Program prior to 24 August 2009.



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 his 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)                                         AR20120004637



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ABCMR Record of Proceedings (cont)                                         AR20120004637



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