IN THE CASE OF:
BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120009309
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 he elected to transfer his Post-9/11 GI Bill educational benefits to his spouse.
2. The applicant states he was not informed and he was unaware of the rule stating he must be on active duty when transferring benefits to dependents.
3. The applicant did not provide any additional documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant was honorably discharged as a sergeant, effective 14 April 2010. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed a total of 8 years, 3 months, and 24 days of net active duty 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. It noted
that the applicant qualifies for Post 9/11 education benefits based on his service record; however, Army and Department of Defense policies require a Soldier to be on active duty or a member of the Selected Reserves of the U.S. Army in order to transfer benefits; and agree to serve at least four more years as a member of the Armed Forces, or the years of service as determined by the service Secretary. The authority to transfer unused education benefits to family members under section 3010(a) of Public Law 110-252, is given to the Secretary concerned to promote recruitment and retention of members of the Armed Forces. Allowing service members to leave the military service early and receive these benefits would not be in keeping with existing law. The applicant is not authorized to transfer his Post 9/11 GI Bill benefits because he would have incurred a four year service obligation upon his request to transfer the benefits. He also did not request to transfer his benefits before leaving the service.
3. On 1 November 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. No response was received.
4. On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy states an eligible member 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 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 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.
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 on the administration of the program.
DISCUSSION AND CONCLUSIONS:
1. DOD established the criteria for the transfer of education benefits (TEB) provision of Post-9/11 GI Bill education benefits on 29 June 2009. In July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program. Therefore, this information would have been available to the applicant before he left military service.
2. The applicant is eligible to receive benefits under the Post 9/11 GI Bill for himself, as he meets the basic requirements for entitlements. However, in order to be eligible to transfer his education benefits he would have had to request the transfer while on active duty and agree to serve at least four more years of service.
3. In view of the above, there is no 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) AR20100021133
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