BOARD DATE:  18 October 2012

		DOCKET NUMBER:  AR20120007417


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, in effect, an exception to policy to transfer his education benefits to his dependent under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states he thought he had transferred his benefits to his daughter, but it did not happen.  When he was at summer camp at Fort McCoy, WI, he went on the internet and filled out the form he thought was needed to complete the transfer.  He thought it was done and did not think about it again until this year.  He retired in December 2011, at age 60.  His daughter is planning to attend college in the fall.  He is requesting an exception to policy to have the benefits transferred to her.

3.  The applicant provides a:

* webpage printout entitled Policy for Transferring GI Bill Benefit, 911 GI Bill Questions Answered, printed 16 August 2009
* Department of Defense (DOD) TEB page showing the applicant's name and his dependents, printed 25 August 2009
* Department of Veterans Affairs (VA) information paper:  Post 9/11 GI Bill Yellow Ribbon Program (page 1 of 2)

CONSIDERATION OF EVIDENCE:

1.  The applicant retired from the U.S. Army Reserve (USAR), effective 
20 December 2011, in the rank of master sergeant/E-8. 
2.  He provides a page from the TEB, printed on 25 August 2009, showing his name and the names of his dependents.  The page does not designate the number of months to be transferred to his dependents or indicate that the request for transfer of his benefits was submitted.  

3.  In the processing of this case an advisory opinion was obtained from the Chief of the Education Incentives Branch at U.S. Army Human Resources Command (HRC), Fort Knox, KY.  The advisory official recommended disapproval of the applicant's request because the applicant did not provide evidence showing he attempted to transfer his education benefits prior to leaving military service, and/or he was given false information by a reliable source about the rules of transferring education benefits.  The TEB document provided by the applicant shows the "Status" as blank and "0" months to each dependent.  Since the applicant was still in the Selected Reserve until 19 December 2011, he was eligible to submit a request during that timeframe.  He did not submit a valid request while in the Selected Reserve.

4.  On 30 May 2012, a copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal; however, he did not respond.

5.  On 22 June 2009, Department of Defense (DOD) established the criteria for the 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.  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 110-252, section 3316.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be granted an exception to policy to transfer his educational benefits under the provision of the TEB.  He tried to transfer his benefits, but it did not happen.  He thought it was done and did not think about it again until this year. 

2.  He was fully eligible to transfer his educational benefits under the TEB prior to retirement, but did not do so.  The program was implemented 1 August 2009.  Although he remained eligible to transfer the benefits until he retired effective 
19 December 2011, there is no available evidence showing he made a request.

3.  The DOD, VA, and the Army conducted a massive public campaign plan that generated major communications through military, public, and social media venues.  The information was published well in advance with emphasis on the criteria.  While there may have been some confusion during the early stages after the implementation, the applicant did not retire until December 2011, over 2 years after the program was implemented.

4.  The applicant's service and his sincerity are not in question; however, since the applicant retired on 19 December 2011, he had sufficient time to submit his application.  There is no evidence he exercised due diligence; therefore, he is ineligible for 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 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)                                         AR20110007920



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ABCMR Record of Proceedings (cont)                                         AR20120007417



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