IN THE CASE OF:
BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20120021875
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 he elected transfer of his educational benefits to his spouse and son under the Post-9/11 GI Bill transferability provision.
2. The applicant states:
* he gave his son and wife his GI Bill by turning it over to the Post-9/11 GI Bill transferability provision
* his son has been using it for college
* his wife wants to go to school, but the Department of Veterans Affairs (VA) said she couldn't attend because she is not eligible for the Post-9/11 GI Bill transferability provision
* the VA representative told him he had to transfer months to his spouse for her to be approved
* when he signed up for the Post-9/11 GI Bill he did not know he had to give both (his son and spouse) entitlements
* he knew his son would need it, but he didn't think his wife needed it because she was already in the system
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. After completing over 24 years of creditable active service, the applicant retired from the Regular Army on 31 January 2012 in the rank of sergeant first class.
2. There is no evidence of record which shows he transferred his Post-9/11 GI Bill benefits to his spouse 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 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, DOD, the Army, and the VA 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. While there may have been some confusion during the early stages after the implementation, the applicant retired 2 1/2 years after the program was implemented.
2. There is no evidence of record and he provided no evidence which shows he transferred his Post-9/11 GI Bill benefits to his spouse prior to his retirement on 31 January 2012. 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 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) AR20120021875
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ABCMR Record of Proceedings (cont) AR20120021875
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