BOARD DATE: 22 October 2013
DOCKET NUMBER: AR20130004849
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 his education benefits to his spouse under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states he was not informed of the requirement to transfer his education benefits while still in service.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a memorandum from the U.S. Army Reserve Personnel Center (ARPERCEN), St. Louis, MO, dated 31 October 1995, subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty-Year Letter)
* an extract of his personnel data from the Total Army Personnel Database Reserve (TABDB-R)
* an extract of online guidance regarding the transferability of education benefits under the TEB provision of the Post-9/11 GI Bill
CONSIDERATION OF EVIDENCE:
1. On 29 June 1972, the applicant enlisted in the Regular Army.
2. On 27 June 1975, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). He served through numerous periods of reenlistment and/or extension, in positions of increased responsibility, and attained the rank/grade of staff sergeant (SSG)/E-6.
3. On 31 October 1995, he received his Twenty-Year Letter.
4. Orders 11-039-0003, issued by Headquarters, 99th Regional Support Command, Fort Dix, NJ on 8 February 2011, ordered his release from his current assignment and transfer to the Retired Reserve, effective 1 May 2011.
5. His record does not contain any documentation that indicates he transferred, or attempted to transfer, his education benefits under the TEB provision of the Post-9/11 GI Bill, prior to his transfer to the Retired Reserve.
6. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy limits the entitlement to transfer education benefits to any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of his or her 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 from 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.
7. 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 his records should be corrected to allow him to transfer his unused Post-9/11 GI Bill education benefits to his spouse under the TEB provisions of the Post-9/11 GI Bill.
2. He served in the USAR following 11 September 2001 until he was transferred to the Retired Reserve on 1 May 2011.
3. He was fully eligible to transfer his educational benefits prior to retirement, but did not do so. The program was implemented in July 2009. He was transferred to the Retired Reserve on 1 May 2011. There is no evidence he attempted to transfer his Post-9/11 GI Bill educational benefits to his family members while still a member of the Selected Reserve.
4. The Army, DOD, and VA 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 stages after the implementation, he retired nearly 2 years after the program was implemented.
5. His service and sincerity are not in question; however, since he was a member of the Selected Reserve for nearly 2 years after the program was implemented, he had a sufficient amount of time to submit his application and/or to verify that his application was submitted in the proper manner. There is no evidence he exercised due diligence. There is neither an error nor an injustice in his transfer of benefits processing.
6. Unfortunately, there is an insufficient basis for granting 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.
ABCMR Record of Proceedings (cont) AR20110007920
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