IN THE CASE OF:	  

		BOARD DATE:	  14 September 2013

		DOCKET NUMBER:  AR20130001210 


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, correction of his military records to show that he requested to transfer his educational benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post 9/11 GI Bill and that such request was received and approved.

2.  The applicant states, in effect, when he attempted to execute his transfer his education benefits on 2 January 2012, via the TEB website, an error occurred.  He was a member of the Selected Reserve on 2 January 2012 when he executed his TEB to his eligible dependents.  As advised, he printed a copy of the transaction as confirmation for his own records.  On 15 February 2012, he was transferred to the Retired List due to physical disability.  On 2 December 2012, after his daughter received her acceptance letter to attend Ohio State University, he logged on to the military connect website to modify the monthly benefit amounts.  At that time he discovered his request for TEB had not been finalized.  He requested assistance from his Senator.  On 5 January 2013, he received a copy of a letter that the Director Army Continuing Education Services, U.S. Army Human Resources Command (HRC) sent to his Senator stating the TEB website did not reflect that he transferred benefits to his dependents while still in the service.  He did provide them with a copy of a TEB submission request, but it did not contain the pertinent information needed for approving the TEB request.  He was advised that if he perceived an error or injustice, he could request a correction through this Board.



3.  The applicant provides copies of:

* Letter from HRC to the applicant's Senator, dated 21 December 2012
* TEB Request, dated 2 January 2012

CONSIDERATION OF EVIDENCE:

1.  The TEB submission request as provided by the applicant indicates that on 
2 January 2012 he submitted a request to transfer his education benefits to his dependents under the TEB provision of the Post 9/11 GI Bill, Chapter 33 program.  On this request he listed his spouse and four children, one of whom was shown as ineligible.  The request indicates the status of this action as "submitted"; but does not show a status date or obligation end date.

2.  Orders D #009-10, U.S. Army Physical Disability Agency, dated 9 January 2012, directed the applicant's placement on the retired list effective 15 February 2012.

3.  Records at HRC show the applicant submitted a TEB request on 2 December 2012, but for some unknown reason it was rejected.  However, the system still showed his record as "OPEN" which allowed him to submit a request after his retirement on 15 February 2012.  HRC had to reject it because he had not submitted a valid request prior to his retirement date.

4.  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 2008, Congress passed a law for the Post-9/11 GI Bill which went into effect on 1 August 2009.

5.  Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused education benefits to family members.  A service 
member may execute transfer of benefits only while serving as a member of the Armed Forces.  The Department of Veterans Affairs is responsible for final determination of eligibility for educational benefits under this program.  General eligibility criteria are as follows:

	a.  Service members must have accrued specific qualifying active service on or after 11 September 2001 of at least 30 continuous days of qualifying active duty service if discharged due to a service-connected disability or between 90 days and 36 months or more of total aggregate qualifying active duty service.

	b.  Service members must have served on active duty in the Regular Army or as a Reserve member ordered to active duty under Title 10, U.S. Code, sections 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 (orders in support of contingency operations, i.e., mobilization), and must have received an honorable discharge at the conclusion of active service.

6.  The program guidance stipulates that if a service member becomes retirement eligible during the period beginning 1 August 2009 through 1 August 2013 and agrees to serve the additional period as specified below, he/she is entitled to transfer benefits to his/her dependents.  A member is considered to be retirement eligible upon completion of 20 years of active Federal service or
20 qualifying years as computed under Title 10, U.S. Code, section 12732:

	a.  service members eligible for retirement on 1 August 2009 – no additional service required;

	b.  service members who have an approved retirement date after 1 August 2009 and before 1 July 2010 – no additional service required;

	c.  service members eligible for retirement after 1 August 2009 and before 1 August 2010 – 1 year of additional service is required;

	d.  service members eligible for retirement on or after 1 August 2010 and before 1 August 2011 – 2 years of additional service is required; and

	e.  service members eligible for retirement on or after 1 August 2011 and before 1 August 2012 – 3 years of additional service is required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that an error occurred, prior to his retirement date.  He attempted to transfer his Post 9/11 GI Bill educational benefits to his dependents.

2.  The available evidence shows the applicant was authorized access to the TEB website prior to and after his retirement date.  He attempted to transfer his education benefits to his dependents; however, for unknown reason(s) his request was rejected.

3.  It appears that the applicant made a timely and honest attempt to comply with the requirements of the program, but for unknown reasons, the system failed him.  As a matter of equity and justice, it would be appropriate to correct his records to show that he successfully completed his TEB request prior to his retirement date.


BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 and the Army approved his request to 
transfer his Post 9/11 GI Bill benefits to his dependents 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)                                         AR20130001210



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ABCMR Record of Proceedings (cont)                                         AR20130001210



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