DOCKET NUMBER: AR20120005804
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 her record to show she transferred her Post-9/11 GI Bill benefits to her son.
2. She states when she retired from Fort Drum, NY, and outprocessed in May 2009, she completed her paperwork through the education office and she was told she could transfer benefits to her family members at any time. In April 2010, she went to an education center at an installation near her home to get information on transferring her benefits and she was told that since she was no longer on active duty she could not transfer her benefits. She states she was given bad information when she outprocessed in May 2009 from the Fort Drum Education Center, and she should be allowed to transfer her benefits to her son to give him a head start in life.
3. She provides e-mail correspondence from April 2010 pertaining to her eligibility to transfer benefits.
CONSIDERATION OF EVIDENCE:
1. On 31 August 2009, the applicant retired in the rank/grade of sergeant first class (SFC)/E-7 after completing 20 years and 10 days of creditable active service.
2. On 6 May 2012, during the processing of this case, an advisory opinion was obtained from the Chief, Enlisted Professional Development Branch, Office of the Deputy Chief of Staff, G-1, who recommends approval of the applicant's request to transfer her Post-9/11 GI Bill benefits. The advisory official states:
* based on her more than 20 years of service, she was eligible to transfer her benefits to her spouse or child prior to her retirement
* she did not complete the requirements in the Transfer of Education Benefits online database because she claims she was not aware of the requirement for transfer prior to leaving military service
* had she transferred her benefits prior to leaving military service, she would not have incurred an additional service requirement because she had more than 20 years of service
* a Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless the Soldier left the service during the implementation phase (first 90 days) of the program
* she left military service within 90 days of the implementation of the program
3. On 8 May 2012, the applicant was provided a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal. She did not respond.
4. On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states 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.
5. The policy further states the Secretaries of the Military Departments will provide counseling on the benefits under the Post-9/11 GI Bill to active duty participants and members of the Reserve Components with qualifying active duty service prior to separation or release from active duty, document accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.
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. The available evidence and the advisory opinion support correcting her record to show she submitted a timely request to transfer her Post-9/11 GI Bill benefits to her eligible family members prior to her retirement. Therefore, her record should be corrected as recommended below.
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 eligible family members 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) AR20120005804
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ABCMR Record of Proceedings (cont) AR20120005804
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