IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130004175
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 transfer educational benefits under the Transfer of Educational Benefits (TEB) provision of the
Post-9/11 GI Bill to his family members.
2. The applicant states that when he retired in 2009 he was informed that he would be able to transfer his education benefits to his daughters but he had to wait until they were school age and they could file for the benefit when they were ready to start school. When his older daughter started college in the fall of 2010, he found out that this was not possible. The Education Office at Camp Ripley told him that he had to transfer the benefit prior to his retirement and that he would need to complete an additional year in the Army National Guard (ARNG). He contends that he did not receive career counseling prior to signing his retirement paperwork and he would have served the additional year had he been aware of the criteria.
3. The applicant provides his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), effective 31 December 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant was honorably discharged from the ARNG and transferred to the Retired Reserve on 31 December 2009.
2. His NGB Form 22 shows he completed 21 years, 1 month, and 13 days of creditable service.
3. There is no indication he applied for a transfer of his Post-9/11 GI Bill educational benefits to his family members prior to his discharge.
4. 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.
5. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show he was eligible to Transfer his Educational Benefits under the Post-9/11 GI Bill to his daughters. He argues that the transferability requirements were not adequately explained during his transition into retirement.
2. The record shows he was fully eligible to transfer his education benefits under the TEB. However, there is no evidence to show he was not properly counseled prior to being placed on the Retired Reserve List on 31 December 2009.
3. Further, DOD and the Army conducted massive public campaigns that generated major communications on the TEB through military, public, and social media venues. Although he states he did not receive career counseling prior to signing his retirement paperwork and he would have served the additional year required had he known, he has not provided sufficient evidence which shows he was deprived of information broadly disseminated through the public campaigns.
4. Based on the above, there is no basis to grant 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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