IN THE CASE OF:	  

		BOARD DATE:  7 February 2013

		DOCKET NUMBER:  AR20120013646 


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, in effect, correction of his records to show he elected to transfer his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states:

	a.  in 2009 he set up his Post 9/11 GI Bill to be transferable to his dependents (spouse and children).  His records now indicate that was not the case and that he didn't properly arrange for future transfers after he retired.  

	b.  in 2009 he followed the instructions of the U.S. Army Human Resources Command (HRC) which was to transfer eligibility of one month to each dependent.  He set up his Post 9/11 GI Bill online as instructed by HRC.  When he returned to the site 4 years later, the online site had changed.  It is now called milConnect and his original log-on data would not give him access to the site.  He had to request a new log-on name and password.  Moreover, his dependents were not listed as eligible for transfer.  In fact, the entire site has changed and his data was lost. 

	c.  he contends when the site was changed his data was lost.  He has talked to HRC and this is his only option to correct his record.  Transferring benefits was required to be done online and he had no reason to believe that he had made any errors so he assumed his records would remain intact online.  One of his daughters used the benefit so he had no reason to think he set it up wrong.

	d.  he served 31 years in the Army and retired as a colonel.  This will be a great injustice if his record cannot be corrected.

3.  The applicant provides:

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

CONSIDERATION OF EVIDENCE:

1.  After completing over 30 years of creditable active service, the applicant retired from active duty on 1 February 2009 in the rank of colonel.  He was recalled to active duty from 1 March 2009 to 1 March 2010.

2.  During the processing of this case an advisory opinion was obtained from the Section Chief, Finance and Incentives Team, HRC, Fort Knox, KY, on 
7 December 2012, who states, in summary:

	a.  Regarding the applicant's statements about the TEB process and possible loss of data during the transition of website to milConnect, the following information is noted:  

		(1) on 22 July 2009, the applicant requested TEB to his daughter (Michelle) only; his request was approved on 22 July 2009.  He does not provide documentation of any change after that date.

		(2) when TEB historical information is questioned or lacking by the service member, that office usually advises the service member to seek TEB historical information through the Defense Manpower Data Center (DMDC).  However, since his request was made early in the TEB process (22 July 2009), on 
4 December 2012 that office made a request to DMDC on behalf of the applicant.  On 5 December 2012, the DMDC ran a historical file check on his access to TEB; DMDC confirmed that he accessed the TEB webpage in January 2010, but did not see any indication he added benefits to other dependents other than the original transfer of benefits to his daughter (Michelle) on 22 July 2009.  DMDC further stated, "There is nothing in the TEB history table that indicates months were ever transferred to anyone beside Michelle."

		(3) on 4 December 2012, that office made a request to DMDC to research/analyze the possibility of a loss of data from the applicant's TEB file during the transfer of the site within the DMDC structure.  On 5 December 2012, DMDC provided the following statement "TEB did not remove or change any data the users submitted through the application."  DMDC confirmed no loss of data occurred during the transition of the site within DMDC structure.

	b.  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.  

	c.  A Soldier must be currently on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her dependent (on or after 1 August 2009).  The applicant's last day in service was 1 March 2010.  He was eligible to transfer the benefit and chose to transfer to his daughter (Michelle), but not to other dependents before he left service.

	d.  A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse or at least 10 years of eligible service to transfer educational benefits to eligible children.  He had more than 30 years of service upon his retirement, so he was eligible to transfer benefits to either his spouse or children (if he completed the request before leaving military service).  He completed the TEB request for his daughter (Michelle) on 22 July 2009, but not to other dependents.

	e.  A Soldier may only transfer benefits to eligible dependents.  He had five eligible dependents enrolled in the Defense Eligibility Enrollment Reporting System.  He did successfully submit a TEB request for his daughter (Michelle), but not to other dependents prior to leaving service.

	f.  A Soldier must also agree to serve the prescribed additional service obligation based on the time the Soldier had in service on 1 August 2009.  He transferred education benefits to his daughter (Michelle) prior to leaving military service, so he did not incur an additional service obligation because he had more than 20 years of service as of 1 August 2009.   

	g.  A Soldier must have no adverse action flag and have an honorable discharge to transfer benefits.  There is no evidence of an adverse action in the applicant's record.  He received an honorable discharge.

	h.  A Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless he or she left military service during the implementation phase (first 90 days) of the program.  The Army, Department of Defense (DOD), and Department of Veterans Affairs (DVA) 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 education benefits.  His last day in military service was 1 March 2010 (following retiree recall), which was not within 90 days after the program's implementation.

	i.  A Soldier must initially request to transfer benefits on the DOD TEB online database.  The TEB online database was operational on 29 June 2009.  Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for DVA access.  The respective dependent must then submit an application for DVA educational benefits to request to use the benefits.  The applicant claims he registered for the transfer of education benefits while he was still actively participating in the service, however, only proof has been provided showing a transfer or education benefits to his daughter (Michelle).

	j.  Changes to the amount of months allocated to dependents can be made at anytime, to include once a Soldier leaves military service, provided the service member allocates at least 1 month of benefits prior to separation.  If the service member allocates 0 months and subsequently leaves military service, he or she is not authorized to transfer unused benefits.  The TEB website shows no action was taken by the applicant to transfer any benefits to his dependents other than his daughter (Michelle).

	k.  The DVA is restricted to pay for educational benefits by compensating no more than 1 retroactive year from the date a claim is received by the DVA.  No evidence was provided by the applicant that his dependents other than his daughter (Michelle) made a previous claim to the DVA.  If the applicant is granted relief, the beginning date for his dependents to use the transferred benefits will be the date relief is granted unless previous specific claims were submitted to the DVA (verified by DVA upon approval).

3.  The advisory official does not recommend administrative relief for the applicant because he did not provide evidence showing he attempted to transfer benefits to his dependents other than his daughter (Michelle) prior to leaving military service and/or he was given false information by a reliable source about the rules for transferring educational benefits.

4.  On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members.  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.

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.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he set up his Post 9/11 GI Bill online, as instructed by HRC, to be transferable to his dependents in 2009.  Evidence shows he did request TEB, for his daughter (Michelle) only, on 22 July 2009.  The DMDC ran a historical file check on his access to TEB and confirmed he accessed the TEB webpage in January 2010 but did not see any indication he added benefits to other dependents other than the original transfer of benefits to Michelle on 
22 July 2009.

2.  His contention that when the site was changed his data was lost was noted.  However, DMDC confirmed no loss of data occurred during the transition of the site within DMDC structure.  

3.  His remaining contentions were carefully considered.  However, there is no evidence of record and he provided no evidence which shows he attempted to transfer his Post 9/11 GI Bill benefits to his dependents other than his daughter (Michelle) prior to leaving military service on 1 March 2010.  Regrettably, 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 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)                                         AR20120013646





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ABCMR Record of Proceedings (cont)                                         AR20120013646



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