IN THE CASE OF;

		BOARD DATE:    11 December 2012

		DOCKET NUMBER:  AR20120010959 


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 dependent son.

2.  The applicant states the requirement to transfer educational benefits while still serving on active duty was never mentioned during his transition briefings.

3.  The applicant provides:

* DD Form 93 (Record of Emergency Data)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  After prior Regular Army and Army National Guard service, the applicant again enlisted in the Regular Army on 28 April 1993.  He served through numerous reenlistments in a variety of stateside and overseas assignments of increased responsibility and attained the rank of staff sergeant (SSG)/E-6.  His record shows he held military occupational specialty 11B (Infantryman).

2.  On 10 August 2009, he underwent a pre-separation briefing, wherein he checked the "Yes" block in item 13a (Education/Training – Education Benefits (MGIB)) of his DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members) in anticipation of his upcoming retirement.  In accordance with the form's instructions, for those items checked "Yes," the separating service member has a mandatory requirement to receive further information or counseling, or attend additional workshops, briefings, classes, etc.

3.  Orders 134-0601, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, dated 14 May 2010, ordered his reassignment to the Fort Campbell Transition Center, Fort Campbell, KY, effective 31 October 2010.  These same orders ordered his release from active duty effective 31 October 2010 with placement on the Retired List the following day.

4.  On 31 October 2010, he was honorably retired and he was placed on the Retired List in the rank of SSG on 1 November 2010.  His DD Form 214 shows he completed 22 years, 6 months, and 1 day of faithful and honorable active service.

5.  There is no indication that he made application to transfer his educational benefits to his family members under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill while he was serving on active duty.

6.  In the processing of this case, an advisory opinion was obtained from the Chief, Enlisted Career Systems Division, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army.  The advisory official recommended not granting the applicant administrative relief because he did not transfer his benefits prior to his last day of service.

7.  On 1 August 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; however, the applicant failed to respond.

8.  On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational benefits to eligible family members.  The Army, Department of Defense (DOD), and the Department of Veterans Affairs (VA) initiated a massive public campaign plan that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent transfer of educational benefits.  The policy states 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.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he elected to transfer his Post-9/11 GI Bill educational benefits to his dependent son.

2.  He was fully eligible to transfer his educational benefits under the TEB prior to retirement but did not do so.  The program was implemented in July 2009.  He retired on 31 October 2010.  He did not apply for the TEB while he was still serving on active duty prior to his retirement.

3.  He contends the requirement to transfer educational benefits while still on active duty was never mentioned during his transition briefings.  The program was implemented in July 2009, at least 15 months prior to his retirement.

4.  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 15 months after the program was implemented.  By the time he attended his transition briefings, transition center staffs were sufficiently trained and aware of the requirement for retiring or separating Soldiers to transfer their educational benefits while still serving on active duty.

5.  The applicant's service and his sincerity are not in question; however, since the applicant retired on 31 October 2010, nearly 15 months after the program was implemented, he had plenty of time to sufficiently educate himself regarding the requirement to transfer or submit his application to transfer his educational benefits while still serving on active duty.  There is no evidence he exercised due diligence; therefore, there is no basis for granting the 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)                                         AR20110007920



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ABCMR Record of Proceedings (cont)                                         AR20120010959



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