BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120021231
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 military records to show he transferred his educational benefits to his daughter under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. He states he was not informed about the TEB program before his retirement.
3. He provides a copy his retirement orders.
CONSIDERATION OF EVIDENCE:
1. After completing over 20 years of active service, the applicant retired from the U.S. Army Reserve on 30 September 2009.
2. He provides a copy of Orders C-03-990222, issued by the U.S. Army Human Resources Command, St Louis, Missouri, dated 18 March 2009, showing he was released from active duty and placed on the retired list effective 30 September 2009.
3. The Department of the Army Office of the Deputy Chief of Staff, G-1, previously recommended administrative relief for applicants in similar cases who left active duty within 90 days of the implementation of the program.
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, 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 duty or 20 qualifying years of Reserve service.
5. 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 Department of Veterans Affairs (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, including after the Soldier leaves military service, provided the service member allocates at least 1 month of benefits prior to separation.
DISCUSSION AND CONCLUSIONS:
1. The TEB provision of the Post-9-11 GI Bill was implemented on 1 August 2009. The available evidence shows the applicant was eligible to transfer his educational benefits to his family members under the program prior to his retirement date.
2. His retirement date was 30 September 2009. In view of the fact that 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 active service, it would serve the interest of equity to correct his record to reflect that he transferred his educational benefits while still serving on active duty.
3. In view of the above, the applicant's request should be granted.
BOARD VOTE:
___X___ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the applicant filed his application both timely and accurately and the Army approved his request to transfer his Post-9/11 GI Bill benefits to his daughter prior to 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) AR20120017327
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