IN THE CASE OF:
BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130001884
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 that he be allowed to transfer his educational benefits to his son under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states he was not clear on the procedures regarding adding dependents on his Post-9/11 Bill. He recently learned that his son was not able to receive any benefits because his son had not been added prior to his retirement date. His son is presently in college and in need of additional funds to continue his education. He requests that his son not be penalized for his oversight. As a veteran who served 22 years, 7 months, 4 days in service of this great country he requests his son be afforded the opportunity to use his benefits.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned in the Regular Army on 5 October 1987. He was honorably retired on 31 December 2009. He completed over 22 years of net active service with no time lost.
2. On 5 September 2013, a staff member of the Defense Finance and Accounting Service (DFAS), Indianapolis, verified the applicant was on terminal leave from 13 November 2009 through 31 December 2009.
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 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:
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. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance for administration of the program.
DISCUSSION AND CONCLUSIONS:
1. The applicant was fully eligible to transfer his education benefits to his dependents under the TEB provision of the Post 9/11 GI Bill prior to retirement, but the available evidence does not adequately show that he did so. The program was implemented in June 2009 and he retired on 31 December 2009. Notwithstanding his period of terminal leave from 13 November through 31 December 2009, there is no evidence of record and he did not provide sufficient evidence to show he was prevented from properly applying for the transfer of education benefits within 90 days of his retirement and/or that he was
given false information by a reliable source about the rules of transferring education benefits.
2. The DoD, VA, and the Army conducted massive public campaigns that generated major communications through military, public, and social media venues. The information was published well in advance with emphasis on the criteria. A Soldier must meet various criteria to qualify to transfer benefits to an eligible dependent and most importantly, the Soldier must be on active duty or in the Selected Reserve at the time of transfer.
3. The applicant's service and his sincerity are not in question. His contentions and the documents provided were carefully considered. However, he continued to serve more than 4 months after the TEB provision of the Post-9/11 GI Bill was implemented. Therefore, he had plenty of time to submit his application and/or to verify that his application was submitted in the proper manner. There is no evidence he exercised due diligence. While there may have been some confusion during the early stages after the implementation, he retired after the program was implemented.
4. There is neither an error nor an injustice in his transfer of benefits processing. Regrettably, he is not entitled to 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 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.
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