IN THE CASE OF:	  

		BOARD DATE:	  8 November 2012

		DOCKET NUMBER:  AR20120007426 


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 dependent children.

2.  She states:

	a.  her official retirement date was 1 September 2009 and she was on active duty status on 1 August 2009 when the transfer of benefits became effective.  

	b.  when she out-processed at Fort Lee, VA, in May 2009, the Education Center didn't have the information on how to transfer the Post-9/11 GI Bill to her dependent children.  She didn't find out how to transfer the benefits until 25 August 2009.

	c.  when she accessed the Department of Defense (DoD) TEB system that allows transfer of the benefits, her children didn't show up in the system.  She was told her dependents were not in the system because she wasn't the sponsor.  

	d.  her spouse was on active duty at the time and was the sponsor for their dependents for identification cards, Defense Enrollment Eligibility Reporting System (DEERS) enrollment, and receiving the housing allowance with dependents.  Both of her dependent children were born while she was on active duty.  Only one service member from a dual military couple can sponsor the dependents.  

	e.  she was unable to transfer her education benefits within the system, but she was entitled to do so.  She contacted the DoD Inspector General (IG), her congressman, and the Army G-1 Post-9/11 Bill where she was advised to contact this Board.

3.  She provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Retirement orders
* DD Form 2648 (Preparation Counseling Checklist for Active Component Service Members)
* Servicemembers' Group Life Insurance Election and Certificate 
* DD Form 93 (Record of Emergency Data)
* Enlisted Record Brief
* Email correspondence from the Army G-1 Post-9/11 GI Bill
* Congressional letter, dated 3 September 2010, with enclosures

CONSIDERATION OF EVIDENCE:

1.  After completing 20 years and 1 month of creditable active service, the applicant retired on 31 August 2009 in the rank/pay grade of master sergeant, 
E-8.

2.  An advisory opinion was obtained from the Chief, Enlisted Professional Development Branch, Office of the Deputy Chief of Staff, G-1, during the processing of this case, dated on 1 June 2012, who recommended approval of the applicant's request.  The opinion stated:

	a.  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 service during the first 90 days of the program were not fully aware of the requirement to transfer prior to leaving military service.

	b.  Public Law 110-252 establishes legal limitations on the transferability of unused Post-9/11 GI Bill benefits.  Further, section 3020 of Public Law 110-252 limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active or as a member of the Selected Reserve.

	c.  The applicant's last day in service was 31 August 2009.  She would have been eligible to transfer the benefit if she transferred before she left service.  She had more than 20 years of service upon her retirement, so she was eligible to transfer to either her spouse or children.
	d.  The TEB online database shows the applicant had three eligible family members enrolled in DEERS (spouse and two children).  The applicant did not complete the requirements in the TEB online database because she claimed she was not aware of the requirement prior to leaving service.

3.  A copy of the advisory opinion was forwarded to the applicant to allow her the opportunity to submit comments or a rebuttal.  She submitted a statement, dated 11 June 2012, in regards to the advisory opinion.  She requests the Board to consider adopting the advisory opinion from the Office of the Deputy Chief of Staff, G-1, in whole, based on the Board's analysis of the facts and circumstances of her case.

4.  On 22 June 2009, the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for approval of TEB under the Post-9/11 GI Bill to her dependents has been carefully considered and found to have merit.

2.  The Post-9/11 GI Bill was implemented on 1 August 2009 and information pertaining to the transferability of entitlements was disseminated down to education counselors at the installation level.  However, many Soldiers who left military service during the first 90 days of the program were not fully aware of the requirement to transfer benefits prior to leaving the service.
3.  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.

4.  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.

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 she filed her application and the Army approved her request to transfer Post-9/11 GI Bill educational 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)                                         AR20120007426





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ABCMR Record of Proceedings (cont)                                         AR20120007426



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