BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130000399
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 to transfer her educational benefits to her daughter under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. She states:
a. she was not informed at the time of her retirement that she had the option of transferring her Post-9/11 GI Bill educational benefits to her child;
b. immediately after retiring she went to Iraq and served consecutively for
4 years;
c. during a November 2012 visit to the Department of Veterans Affairs, she learned she could have elected to transfer her benefits at the time of her retirement; and
d. she would like to transfer her benefits to her daughter, who is hearing impaired and in college.
3. She submitted:
* a self-authored statement, dated 17 December 2012
* her DD Form 214 (Certificate of Release or Discharge from Active Army) for the period ending 31 January 2009
CONSIDERATION OF EVIDENCE:
1. Evidence shows the applicant retired from the Regular Army in the rank/grade of command sergeant major (CSM)/E-9 on 31 January 2009. It further shows she completed 21 years, 3 months, and 13 days of creditable active service.
2. The Post-9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public Law
110-252, House of Representatives, 2642. In July of 2008, Congress passed a law for the Post-9/11 GI Bill which went into effect on 1 August 2009.
3. DOD established the criteria for the TEB provision of the Post-9-11 GI Bill on 22 June 2009. 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 on the administration of the program. Therefore, this information would have been available to the applicant prior to the effective date of her retirement.
4. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused educational benefits to family members. A service member may execute transfer of benefits only while serving as a member of the Armed Forces. The VA is responsible for final determination of eligibility for educational benefits under this program. The eligibility criteria stipulated, in part, that active duty service members who separate, retire, transfer to the Reserve, or who are discharged on or prior to 1 August 2009 are not eligible to elect transferability.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends she should be allowed to transfer benefits to her daughter under the Post-9/11 GI Bill since she was not aware of this option when she retired.
2. She retired from the Army on 31 January 2009. Implementation guidance was not established until the summer of 2009, and the TEB on-line data base was not operational until 29 June 2009. She could not have been informed of this option because she departed Army control before any of the details were finalized.
3. The law requires a member to be in an active status at the time he/she requests the transfer. Those who retire on or before 1 August 2009 are, by law,
not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will placed on the Retired List on 1 August 2009. In the applicant's case, she was not in an active status on 1 August 2009 and as such she was not eligible to transfer her educational benefits to her family member under the TEB provision of the Post-9/11 GI Bill.
4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20130000399
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