BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130002317
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 approval to transfer his educational benefits to his dependents.
2. The applicant states he was not properly advised how to transfer his educational benefits. Based on his years of service, he would not have incurred any additional service obligation.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant, a U.S. Army Reserve (USAR) sergeant first class with prior active and inactive service, served on active duty in the USAR from 30 January 2000 through 31 March 2010 before retiring from active duty.
2. He underwent pre-separation briefings commencing on 6 October 2009. He checked the "Yes" block in item 13a (Education/Training Education Benefits (Montgomery GI Bill)) of his DD Form 2648 (Pre-Separation Counseling Checklist) in anticipation of his upcoming retirement. Items checked "Yes" require additional counseling. The form was signed by the Transition Counselor on 10 March 2010, indicating all counseling was completed.
3. Public Law 110-252 established legal limitations on the transferability of unused Post-9/11 GI Bill benefits. Further, Public Law 110-252, section 3020, limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve. Service members had to be serving on active duty or as a member of the Selected Reserve at the time of transfer of educational benefits to his or her dependents on or after 1 August 2009.
4. In similar cases, the Education Incentives Branch, U.S. Army Human Resources Command, Fort Knox, KY, has recommended approval of an applicant's request only if the applicant left the military within 90 days of implementation of the Transfer of Education Benefits (TEB) Program. Although significant measures were made by the Department of Defense (DOD), the Department of Veterans Affairs (VA), and the Army 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 requirement to transfer benefits prior to leaving military service.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was fully eligible to transfer his educational benefits to his dependents under the TEB provision of the Post-9/11 GI Bill prior to his retirement. The program was implemented in July 2009. The applicant retired on 31 March 2010. Prior to his retirement, he did not apply for the transfer of benefits while serving on active duty.
2. DOD, the VA, and the Army 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. A Soldier must meet various criteria to qualify to transfer educational benefits to eligible dependents.
3. While there may have been confusion during the initial 60 to 90 days of the TEB Program regarding the implementation instructions and proper counseling may have been limited, the applicant served nearly 7 more months after this program was implemented until retiring on 31 March 2010.
4. There is no evidence he exercised due diligence or took all necessary steps to ensure the transfer of his educational benefits to his prior to leaving active or Reserve military service or that he did not receive proper counseling.
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) AR20130002317
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ABCMR Record of Proceedings (cont) AR20130002317
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