IN THE CASE OF:	  

		BOARD DATE:	  22 October 2013

		DOCKET NUMBER:  AR20130003683 


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 her records to show she elected to transfer her education benefits to her dependent in accordance with the Transfer of Educational Benefits (TEB) provision of the Post 9/11 GI Bill.

2.  The applicant states:

* while clearing at her duty station at Fort Lee, Virginia, the education center told her that after her retirement date she could change her GI Bill to her daughter
* she went to the Department of Veterans Affairs (VA) and was informed that she could not transfer her benefits
* she is stuck with the GI Bill that she does not need
* she wants to transfer her benefits to her daughter

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  After completing over 20 years of total service for retired pay, the applicant was released from the Army on 28 February 2010 and placed on the retired list effective 1 March 2010, in the rank of staff sergeant (E-6). 

2.  The applicant did not provide evidence showing she attempted to transfer her benefits prior to leaving military service and/or she was given false information by a reliable source about the rules of transferring education benefits.  The following criteria must be met:

	a.  A Soldier must be currently on active duty or a member of the Selected Reserve at the time of transfer of education benefits to his family member(s) on or after 1 August 2009.

	b.  A Soldier must have at least 6 years of eligible service in order to transfer education benefits to a spouse and at least 10 years of eligible service to transfer to eligible children.

	c.  A Soldier may only transfer to eligible family members.  To be considered an eligible family member the spouse or child(ren) must be enrolled in the Defense Eligibility Enrollment Reporting System (DEERS) and be eligible for DEERS benefits.

	d.  A Soldier must also agree to serve the prescribed additional service obligation based on the time the Soldier had in service on the date of their transfer request.

	e.  A Soldier must have no adverse action (flag) and have an honorable discharge to transfer benefits.  The applicant had no adverse action.  She was honorably retired.

	f.  A Soldier should not be granted relief based on unawareness of law, program rules, or procedures unless he/she left the service during the 
implementation phase (first 90 days) of the program.  The Army, Department of Defense (DOD, and VA initiated a massive public campaign plan that generated major communications through military, public, and social media venues on Post 9/11 GI Bill and subsequent transfer of education.

	g.  A Soldier must initially request benefits on the DOD's TEB online database which was operational on 29 June 2009, along with other required steps.

	h.  Changes to the amount of months allocated to dependents can be made at anytime, to include once you leave military service, provided the service member allocates at least one month of benefits prior to separation.  If the service member allocates zero months, and subsequently leaves military service, they are not authorized to transfer unused benefits.

	i.  The VA is restricted to pay for education benefits by compensating no more than 1 retroactive year from the date a claim is received by the VA.  No evidence was provided that the applicant's dependents made a previous claim to the VA.
3.  On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education 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, documented accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  She submits no evidence to substantiate her contention that she was unaware she had to be on active duty at the time of transfer of education benefits to her dependent.  The applicant was placed on the retired list effective 1 March 2010.  She would have been eligible to transfer benefits had she done so prior to her retirement.

3.  The evidence shows the DOD, 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.  While there may have been some confusion during the early months after the implementation, the applicant did not retire until over 6 months after the program was implemented.

4.  The applicant's argument that she was unaware that the law required she transfer her educational benefit prior to retiring is not sufficiently convincing.

5.  In view of the foregoing, the applicant's request should be denied.  

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.



ABCMR Record of Proceedings (cont)                                         AR20130003683





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ABCMR Record of Proceedings (cont)                                         AR20130003683



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