IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120020756 


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, an exception to policy to transfer educational benefits under the Transfer of Education Benefits (TEB) provision of the 
Post-9/11 GI Bill to his son.

2.  The applicant states he gave 50 percent of his Post-9/11 GI Bill to his son; however, after he turned the form in to his personnel section it was never processed, presumably due to his unit deploying.  He further states he is unemployed and has no other means of sending his son to college.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  Having prior Regular Army (RA) service, the applicant once again enlisted in the RA on 10 May 1995.  He served in a variety of stateside or overseas assignments and he attained the rank/grade of sergeant (SGT)/E-5.

2.  He underwent a pre-separation briefing on 23 June 2010 wherein he checked the "Yes" block in item 13a (Education/Training - Education Benefits (Montgomery GI Bill)) of his DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members) in anticipation of his upcoming retirement.  Items checked "Yes" are mandatory for service members to receive further information or counseling or attend additional workshops, briefings, classes, etc.

3.  The applicant retired from service in the Regular Army on 31 January 2011 in the rank/grade of SGT/E-5.  

4.  There is no evidence in the applicant's records and the applicant provided no evidence to show he had taken action to transfer benefits to his son prior to retiring from service.

5.  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 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 from 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.

6.  Public Law 110-252 limits the eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or a member of the Selected Reserve.  

   a.  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).  

   b.  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.  

   c.  A Soldier may only transfer to eligible family members.  To be considered an eligible family member the spouse or child must be enrolled in the Dependent Eligibility Enrollment Reporting System (DEERS) and be eligible for DEERS benefits.  Children lose eligible family member status upon turning age 21 or at marriage.  Eligible family member status can be extended from age 21 to age 23 only if the child is enrolled as a full-time student and unmarried (verified by 
DEERS).  Wards of State are not eligible for the benefits.  Once the benefits are transferred, children may use the benefits up to age 26.  

   d.  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.  

   e.  A Soldier must have no adverse action flag and have an honorable discharge to transfer the benefits.  

   f.  A Soldier must initially request to transfer benefits on the DOD Transfer Education Benefits (TEB) online database.  The TEB online database was operational 29 June 2009.  Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for Department of Veterans Affairs (VA) access.  The respective dependent must then submit an application for VA educational benefits, VA Form 22-1990e, to request to use the benefits.  

   g.  The Army, DOD, and 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.  

7.  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 110-252, section 3316.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to transfer educational benefits under the TEB provision of the Post-9/11 GI Bill to his son was carefully considered.

2.  Notwithstanding the applicant's contention that his unit deployed after he turned the form into his personnel section, the applicant is ultimately responsible to take advantage of all of the resources which are available to him and to stay current on all entitlements in order to ensure a smooth transition into retirement for himself and his family.

3.  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.  Despite his contention, the applicant retired over a year and a half after the program was implemented.  In addition, evidence shows the applicant attended pre-separation counseling which included education benefits.

4.  The applicant's service and his sincerity are not in question.  However, since the applicant retired on 31 January 2011, nearly a year and a half after the program was implemented, he had plenty of time to submit his application and/or to verify that his application was submitted in the proper manner.  There is no evidence he exercised due diligence.  Therefore, he is ineligible to transfer his benefits.

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)                                         AR20120020756





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ABCMR Record of Proceedings (cont)                                         AR20120020756



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