BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120008709
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 an exception to policy to transfer educational benefits to his spouse under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states he was never informed that his benefits could be transferred and he was never given the opportunity to do so.
3. The applicant did not provide any additional documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant was honorably discharged due to disability with severance pay in the rank of staff sergeant/SSG, effective 23 June 2011. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed
8 years, 4 months, and 5 days of net active service.
2. In 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, Headquarters Department of the Army, Washington, DC. The advisory official recommended disapproval of the applicant's request. Although he was eligible, he did not provide evidence showing he attempted to transfer his education benefits prior to leaving military service, and/or that he was given false information by a reliable source about the rules of transferring education benefits.
3. On 24 October 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.
4. 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.
5. 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 provisions of the TEB, because he was never informed that his benefits could be transferred; therefore, he was never given the opportunity to do so.
2. 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. There may have been some confusion during the early stages after the implementation; however, the applicant was not discharged until June 2011, nearly 2 years after the program was implemented.
3. In view of the foregoing, there is an insufficient evidentiary 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) AR20110007920
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ABCMR Record of Proceedings (cont) AR20120008709
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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