IN THE CASE OF:	

		BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130002033 


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 reconsideration of his earlier request to transfer his Post-9/11 GI Bill Education Benefits to his dependents as an exception to policy.

2.  The applicant states, in effect, that he was not properly informed regarding the Transfer of Education Benefits (TEB) provision of the Post 9/11 GI Bill due to the early confusion that existed during the implementation of the program.

3.  The applicant provides no new evidence.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120006833, on 9 October 2012.

2.  He provides a new argument not previously considered by the ABCMR.  As such, the new argument warrants consideration by the Board.

3.  During the processing of the applicant's previous case the Deputy Chief of Staff, G-1, recommended disapproval of his request to transfer his educational benefits to his dependents under the TEB provision of the Post-9/11GI Bill.  The Deputy Chief of Staff, G-1, stated the applicant did not provide evidence showing he attempted to transfer his education benefit prior to leaving military service and/or he was given false information by a reliable source about the rules of transferring education benefits.

4.  He was issued a Certificate of Eligibility for educational benefits under the Post-9/11 GI Bill on 20 August 2009.  The Department of Veterans Affairs (VA) determines eligibility and entitlement for approved education and training programs.

5.  The applicant was released from his U.S. Army Reserve unit at the completion of 20 or more years of qualifying service for retired pay at age 60, and reassigned to the Retired Reserve effective 6 August 2010.

6.  He argues that although he had access to various military, public, and social media he was never made aware of the TEB criteria through any of his available internet resources which included, but were not limited to, Army Knowledge Online (AKO), E-Benefits, Veterans On Line Application (VONAPP), and Military.com.  He further states he received his certificate of eligibility from the VA and 2 days later the Department of Defense (DOD) established the criteria for eligibility and transfer of benefits on 22 August 2009.  He contends, in effect, that he should have been notified in writing through the U.S. Postal Service of the Post 9/11 GI Bill criteria for eligibility and transfer of benefits to his dependents; just as he was notified by mail of his eligibility for the Post 9/11 GI Bill benefit.

7.  On 22 June 2009, DOD established the criteria for eligibility and transfer of unused education benefits to eligible family members.  The policy states 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 meets other criteria.

8.  Section 3020 Public Law 110-252, limits eligibility to transfer unused benefits to those members of the Selected Reserve on or after 1 August 2009.

9.  As an exception to policy, the Deputy Chief of Staff, G-1 determined that although significant measures were taken to disseminate the information to all Soldiers within all Army components during the initial phase of the program, many Soldiers who left the service during the first 90 days of the program were not fully aware of the requirements to transfer their benefits prior to leaving the military.




DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reconsideration of his earlier request to transfer his Post-9/11 GI Bill education benefits to his dependents as an exception to policy.

2.  The applicant’s arguments have been noted.  The record shows that he was transferred from the Selected Reserve to the Retired Reserve on 6 August 2010.  The evidence indicates he served for a qualifying period, was eligible to complete, and could have completed the TEB action necessary to transfer his Post-9/11 GI Bill education benefits to his eligible dependent(s) during the period 1 August 2009 to 6 August 2010 (his retirement date).

3.  He contends that the Army's massive public campaign that generated major communications through military, public, and social media was not enough and that he should have been notified by mail of the TEB criteria the same way he received notification by mail of his eligibility for Post 9/11 GI Bill benefits.  However, the Army and other Department of Defense agencies routinely disseminated information related to VA benefits online, through newsletters, and other Army publications and this is an accepted practice.

4.  Although the Office of the Deputy Chief of Staff, G-1 determined that individuals should not be granted relief based on unawareness of the law, program, rules, or procedures this office later determined, as an exception to policy, that individuals who left the service during the implementation phase (first 90 days of the program) could be granted relief.  The applicant's last active status date was 5 August 2010 which was beyond 90 days of the program's implementation.

5.  It is understandable that he desires to transfer a portion of his education benefits to his dependents.  However, based on the law, he is no longer eligible to transfer benefits to his dependents under the TEB provision of the Post-9/11 GI Bill.

6.  Accordingly, there is no basis for granting his request.









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 to amend the decision of the ABCMR set forth in Docket Number AR20120006833, on 9 October 2012.



      _______ _   __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)                                         AR20130002033



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ABCMR Record of Proceedings (cont)                                         AR20130002033



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