BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120009334 


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 education benefits to his dependents in accordance with the Transfer of Educational Benefits (TEB) provision of the Post 9/11 GI Bill.

2.  He states:

* he was misinformed about the TEB to his dependents
* he states he was led to believe that he was required to request benefits for himself prior to retirement and after retirement transfer them to his dependents
* he made an application for benefits on 1 March 2010, 2 years prior to his retirement 
* if he had known the proper actions to take he would have complied

3.  He provides his Department of Veterans Affairs (VA) Application for VA Education Benefits

CONSIDERATION OF EVIDENCE:

1.  He provided his Application for VA Education Benefits that shows he submitted his request and his eligibility was confirmed on 1 March 2010.

2.  After completing 22 years, 9 months, and 8 days of total service for retired pay, the applicant was retired on 29 May 2012 for permanent physical disability in the grade of chief warrant officer two (CW2). 
3.  During the processing of this case, on 14 November 2012, an advisory opinion was obtained from the National Guard Bureau (NGB), Acting Chief, Personnel Policy Division, who recommended approval of the applicant's request.  The advisory official stated:

	a.  Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits.  The law limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.

	b.  The applicant's  last day of service with the Army National Guard (ARNG) was 9 March 2012.  After a thorough review of his available records, the representative determined that he was eligible to transfer benefits under the Post 9/11 GI Bill TEB Program, but he did not complete a request to transfer benefits on the Department of Defense TEB online database before he left the service.

   c.  The ARNG, Department of Defense (DOD), and VA initiated a massive public campaign plan that generated major communication through military, public, and social media venues on the Post 9/11 GI Bill and subsequent transfer of education benefits.  Although significant measures were taken to disseminate the information to all Soldiers during the initial phase of the program, many Soldiers were not fully aware of the requirement to transfer benefits prior to leaving military service.
   
4.  A copy of the advisory opinion was forwarded to the applicant.  He acknowledged receipt of the advisory opinion and stated that he was very excited by NGB's recommendation of approval.  He clarified his statement concerning not being provided directions with regard to requesting benefits under the Post 9/11 GI Bill.  He stated he merely suggested that the information was either incorrect or was not received properly.

5.  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 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, documented accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's statement in regard to his entitlement to TEB under the Post-9/11 GI Bill to his dependents is acknowledged.

2.  The evidence of record shows he was fully eligible to transfer his educational benefits under the TEB prior to his retirement on 29 May 2012, but did not do so.

3.  He contends he was misinformed about the TEB to his dependents and was led to believe that he was required to request benefits for himself prior to retirement and after retirement transfer them to his dependents.  The evidence shows 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 2 years after the program was implemented.

4.  Contrary to the recommendation of the advisory opinion, the applicant did not transfer his benefits before he retired on 29 May 2012; therefore, he is ineligible to transfer benefits.  

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)                                         AR20120009334





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ABCMR Record of Proceedings (cont)                                         AR20120009334



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