IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130002359
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, an exception to policy to the Post-9/11 GI Bill that will allow him to transfer his education benefits to his family members.
2. The applicant states, in effect, that he was not made aware by his unit that he had to or could transfer his benefits before he retired.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a letter from the National Guard Bureau (NGB) to his congressional representative.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the New York Army National Guard (NYARNG) in the pay grade of E-6 when he was ordered to active duty in the Active Guard Reserve (AGR) Program on 30 October 2006.
2. On 31 August 2010 he was retired by reason of sufficient service for retirement. He had served 20 years, 5 months, and 22 days of creditable active service.
3. On 7 May 2012, officials at the NGB dispatched a letter to the applicants congressional representative informing him that while the applicant was eligible to transfer his benefits while he was on active duty, he did not complete a request to transfer his benefits before he retired on 31 August 2010; therefore, was no longer eligible.
4. Public Law 110-252, section 3319, dated 22 June 2008, authorized the transfer of unused education benefits to family members. The law provided that the Secretary of Defense would prescribe the implementation of the program. It also provided that eligible participants must be serving as a member of the Armed Forces when the transfer is executed.
5. On 22 June 2009, the Office of the Under Secretary of Defense released Directive-Type Memorandum 09-003 Post-9/11 GI Bill that announced individuals serving in the Armed Forces could effect a transfer of the GI Bill benefits effective 1 August 2009.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been noted. However, according to the applicable law and regulation, he is not eligible to transfer benefits under the Post-9/11 GI Bill transferability program. He retired from the Army on 31 August 2010 and there is no record of his transferring his educational benefits prior to his retirement.
2. The Departments of the Army, Defense, and Veterans Affairs initiated a massive public campaign plan that generated major communications through military, public, and social media venues. Information on the Post-9/11 GI Bill and subsequent transfer of entitlements was published well in advance of its implementation.
3. While the sincerity of the applicants claim that he was not informed that he could make the transfer is not in doubt, the evidence submitted with his application and the evidence of record does not support his claim. Therefore, there is an insufficient evidentiary 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 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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