IN THE CASE OF:
BOARD DATE: 18 June 2013
DOCKET NUMBER: AR20120020845
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 his education benefits were transferred to his eligible dependent in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states that due to his being deployed as a Department of Defense (DoD) civilian he was unaware of his eligibility to transfer his benefits. He further states he is not sure when the window for transfer opened and closed. His understanding from the Armed Forces Network is that it must be completed before retirement. During his civilian deployment he missed that opening to transfer before he retired. He is currently deployed to Afghanistan and has no access to his records to show his deployment in 2009-2010.
3. The applicant provides assignment orders to the Retired Reserve.
CONSIDERATION OF EVIDENCE:
1. Orders 04-027-00242, issued by 77th U.S. Army Regional Readiness Command, dated 27 January 2004, ordered the applicant to active duty from a Reserve Component unit in support of Operation Iraqi Freedom effective 10 February 2004 for a period of 545 days.
2. Orders 10-307-00010, issued by Headquarters, 99th Regional Support Command, dated 3 November 2010, assigned the applicant to the Retired Reserve effective 1 December 2010 due to completion of 20 or more years of qualifying service for retired pay at age 60.
3. The Department of the Army, Office of the Deputy Chief of Staff, G-1, previously stated that a Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless they left the service during the implementation phase (first 90 days) of the program. The Army, Department of Defense (DoD), and 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 education benefits.
4. Public Law 110-252 establishes legal limitations on the transferability of unused Post-9/11 GI Bill benefits. Further this 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.
5. On 22 June 2009, the 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, in pertinent part, 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 service or 20 qualifying years of Reserve service.
6. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance for the administration of the program.
a. A Soldier must initially request to transfer benefits on the DoD's TEB online database. Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for VA access. The respective family member must then submit an application for VA educational benefits (VA Form 22-1990e (Application for Family Member to Use Transferred Benefits)) to request to use the benefits.
b. Changes to the number of months allocated to family members can be made at anytime, to include once the Soldier leaves military service, provided the service member allocates at least 1 month of benefits prior to separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. He was transferred from the Selected Reserve to the Retired Reserve on 1 December 2010. Evidence indicates he served for a qualifying period, was eligible to complete, and could have completed the TEB action necessary to transfer his Post-9/11 GI Bill education benefits to his eligible dependent(s) during the period 1 August 2009 to 30 November 2010 (his retirement date). However, he has not provided evidence showing he attempted to transfer benefits prior to leaving military service and/or he was given false information by a reliable source about the rules of transferring education benefits.
2. It is understandable that he desires to transfer a portion of his education benefits. However, he is no longer eligible to transfer benefits under the
Post-9/11 GI Bill transferability program.
3. To grant him relief at this time would afford him a benefit not afforded to others in similar circumstances. Accordingly, there appears to be no basis for granting his request.
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) AR20120020845
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