IN THE CASE OF:
BOARD DATE: 30 April 2013
DOCKET NUMBER: AR20120017212
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 transfer of his educational benefits to his dependents under the Post-9/11 GI Bill transferability provision.
2. The applicant states:
a. It appears he may have fallen into a Post-9/11 GI Bill Transfer of Educational Benefits (TEB) transition period where retiring Soldiers were not fully informed of the requirements to transfer their educational benefits to their family members.
b. It was explained to him during his retirement process that the details of the TEB were not complete and future guidance would be published in the following months.
c. He was informed by the Education Office that he was fully qualified for Post-9/11 GI Bill TEB and he would retain the TEB option as long as his Defense Eligibility Enrollment Reporting System data was up to date.
3. The applicant provides:
* documents outlined in the Table of Contents
* letter from a Member of Congress, dated 4 January 2013
CONSIDERATION OF EVIDENCE:
1. After completing over 26 years of creditable active service, the applicant retired from the Regular Army on 31 October 2010 in the rank/grade of sergeant major/E-9.
2. There is no evidence of record which shows he transferred his Post-9/11 GI Bill benefits to his dependents prior to his retirement.
3. 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.
4. 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.
5. DOD, the Army, and the Department of Veterans Affairs 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.
6. 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. The U.S. Army Human Resources Command has advised in similar cases that specific guidance on the requirement to apply for the benefit prior to leaving military service was not fully available to members who transitioned within the first 90 days after implementation of the program on 1 August 2009.
DISCUSSION AND CONCLUSIONS:
The applicant's contentions were carefully considered. However, there is no evidence of record and he provided no evidence which shows he transferred his Post-9/11 GI Bill benefits to his dependents prior to his retirement on 31 October 2010 or that he was not aware, after the massive publicity campaign 15 months earlier, he had to do so. As a result, 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:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices he made in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20120017212
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120017212
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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