IN THE CASE OF:
BOARD DATE: 24 January 2013
DOCKET NUMBER: AR20120010741
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 under the Transfer of Education Benefits (TEB) provisions of the Post-9/11 GI Bill to her dependents.
2. The applicant states:
* it was not clear to her that she had to be on active duty to transfer the benefits
* it was equally unclear that she had to convert the Montgomery GI Bill to the Post-9/11 GI Bill
* by the time she received her self-service password to enter the website, she was bogged down with depression and medical issues
* she also encountered other issues related to employment and her husband's job/medical conditions
* it is an injustice to her after having served her country in excess of 21 years not to be able to transfer the benefits that she has earned to her dependents
3. The applicant provides:
* retirement and separation orders
* email regarding the Selective Continuation Selection Board
* memorandum for record, dated 20 April 2010, subject: Selective Continuation [Applicant]
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service from 31 August 1989 to 24 March 2004, the applicant was appointed as a warrant officer and executed an oath of office on 25 March 2004 and entered active duty that date.
2. She served in a variety of stateside and overseas assignments and she was promoted to chief warrant officer two (CW2).
3. She retired on 31 December 2010 and she was placed on the Retired List in the rank of CW2 on 1 January 2011. She completed 21 years and 4 months of total active service.
4. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational 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, 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 administration of the program.
DISCUSSION AND CONCLUSIONS:
1. There is insufficient evidence that shows the applicant submitted a request to transfer educational benefits to her family member(s) while serving on active duty or in the Selected Reserve.
2. DOD, the 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 nearly a year after the program was implemented.
3. The applicant's service and her sincerity are not in question. However, the applicant was serving on active duty when the program was implemented in August 2009 and she remained on active duty over 1 1/2 years after the program was implemented. Therefore, she had plenty of time to submit her application and/or to verify that her application was submitted in the proper manner. There is no evidence she exercised due diligence. There is neither an error nor an injustice in the applicant's transfer of benefits processing.
4. The requirement to transfer the benefits while a member is on active duty or in the Selected Reserve is embedded in the law and a change to this law is not within the purview of this Board. Additionally, the Army Board for Correction of Military Records does not correct records solely for the purpose of establishing entitlement to other programs or benefits. As the applicant failed to transfer the benefits while serving in an active status as required by law, there is an insufficient evidentiary basis for granting her 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 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) AR20120010741
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120010741
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015885
c. she was given information that was not applicable to her. On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education benefits to eligible family members. 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.
ARMY | BCMR | CY2012 | 20120001811
The applicant requests, in effect, an exception to policy to show she elected to transfer her educational benefits in a timely manner in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. In a separate attached statement the applicant states: * she was a member of the Iowa Army National Guard (IAARNG) for over 20 years * she served overseas in support of Operation Iraqi Freedom, so she is qualified for the Post-9/11 GI Bill * she learned that...
ARMY | BCMR | CY2012 | 20120008006
The applicant had 8 years of service upon her separation from the Selected Reserves so her children were not eligible to receive the benefits; furthermore, she was not eligible to transfer benefits to her children because the law requires Soldiers to be on active duty or in the Selected Reserve on or after 1 August 2009. c. A Soldier may only transfer to eligible family members. If the applicant had been in the Selected Reserve or on active duty on 1 August 2009, she would have incurred an...
ARMY | BCMR | CY2012 | 20120008413
c. A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer benefits to eligible children. The applicant had more than 25 years of service upon her retirement, so she was eligible to transfer benefits to either her spouse or children if she had completed the request before leaving military service. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120006399
The applicant had more than 22 years of service upon her transfer to the Retired Reserve, so she was eligible to transfer to either spouse or children (if she completed the request before leaving military service). c. a Soldier may only transfer benefits to eligible family members. Those who retired on or after 1 August 2009, by law, were eligible to transfer unused Post-9/11 GI Bill benefits providing he or she requested to transfer TEB prior to the day of retirement or transfer to the...
ARMY | BCMR | CY2012 | 20120009030
The applicant in this case had more than 6 years of service upon her retirement, but she was not eligible to transfer the benefits because the law requires Soldiers to be in the service on or after 1 August 2009. c. A Soldier may only transfer benefits to eligible family members. The TEB online database shows the applicant had no eligible family members to transfer the benefit to because she was not in the service on or after 1 August 2009. If the applicant had been in the service on or...
ARMY | BCMR | CY2011 | 20110015713
She would have been eligible to transfer the benefits before she retired. 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...
ARMY | BCMR | CY2013 | 20130009487
The applicant states she transferred GI Bill benefits to her dependents on 30 July 2011, as soon as she learned of the requirement. In order to remove her active duty service obligation (ADSO) and facilitate her request for retirement she revoked the transfer on 6 September 2012. However, in order to be eligible to transfer her education benefits she would have had to request the transfer while on active duty.
ARMY | BCMR | CY2014 | 20140017813
On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2012 | 20120010958
c. A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer to eligible children. The applicant in this case had more than 20 years of service upon her retirement, but she was not eligible to transfer to either her spouse or her children because the law requires Soldiers to be in service on or after 1 August 2009. d. A Soldier may only transfer to eligible dependents. If the...