BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120011060
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 approval of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to her daughter.
2. She states:
a. she was never briefed that the transfer had to be made while she was on active duty.
b. she didn't know she should request a correction until she used the DD Form 149 (Application for Correction of Military Record).
c. she made several inquiries about transferring part of her benefits.
d. she signed out on terminal leave in June 2009 while the Post-9/11 GI Bill was still being decided.
e. her daughter was a student at Delgato Community College in New Orleans, LA, and she transferred to Southern University (New Orleans) in August 2012. It is her wish to support her daughter in her endeavors because she has supported her for over 20 years of service in the U.S. Army.
3. She provides her DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. After completing 24 years, 9 months, and 28 days of creditable active service, the applicant retired on 31 October 2009 in the rank/pay grade of sergeant first class (SFC)/E-7.
2. An advisory opinion was obtained from the Chief, Enlisted Professional Development Branch, Office of the Deputy Chief of Staff, G-1, during the processing of this case, dated 19 October 2012, who recommended approval of the applicant's request. The opinion stated:
a. Although significant measures were taken to disseminate the information to all Soldiers within all Army components during the initial phase of the program, many Soldiers who left service during the first 90 days of the program were not fully aware of the requirement to transfer prior to leaving military service.
b. Public Law 110-252 establishes legal limitations on the transferability of unused Post-9/11 GI Bill benefits. Further, section 3020 of Public Law 110-252 limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active or as a member of the Selected Reserve.
c. The applicant's last day in service was 31 October 2009. She would have been eligible to transfer the benefit if she transferred before she left service. She had more than 20 years of service upon her retirement, so she was eligible to transfer to either her spouse or children.
d. The TEB online database shows the applicant had one eligible family member (daughter) enrolled in Defense Enrollment Eligibility Reporting System. The applicant did not complete the requirements in the TEB online database because she claimed she was not aware of the requirement prior to leaving service.
3. A copy of the advisory opinion was forwarded to the applicant to allow her the opportunity to submit comments or a rebuttal; however, she didn't respond within the allotted timeframe.
4. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for approval of TEB under the Post-9/11 GI Bill to her daughter has been carefully considered and found to have merit.
2. The Post-9/11 GI Bill was implemented on 1 August 2009 and information pertaining to the transferability of entitlements was disseminated down to education counselors at the installation level. However, many Soldiers who left military service during the first 90 days of the program were not fully aware of the requirement to transfer benefits prior to leaving the service.
3. The evidence of record shows the applicant retired from active duty on 31 October 2009 which is within 90 days of the implementation of the program.
4. Therefore, it would be equitable to correct her records to show she applied to transfer her educational benefits under the Post-9/11 GI Bill TEB Program upon implementation of the program.
BOARD VOTE:
___x_____ ___x_____ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she filed her application and the Army approved her request to transfer Post-9/11 GI Bill educational benefits to her daughter prior to her retirement, provided all other program eligibility criteria are met.
_______ _ 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) AR20120011060
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ABCMR Record of Proceedings (cont) AR20120011060
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