IN THE CASE OF: 

		BOARD DATE:	    28 January 2014

		DOCKET NUMBER:  AR20130005689 


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, authorization to transfer his education benefits to additional family members.

2.  The applicant states, in effect, his family members listed on an approved Defense Management Data Center (DMDC) application, dated 6 April 2010, are not recognized by the Department of Defense Manpower Data as being eligible for transfer of education benefits (TEB).  In accordance with the on-line instructions for submitting a TEB request, as well as information briefings he attended, nowhere was it stated how to properly transfer and allocate benefits (e.g., the tactic of a 1/34/1 split) so that the ability to re-allocate or modify after retirement would still be active.  He attempted to transfer his benefits only to find that his son is the only family member recognized by the system; however, he designated all of his family members as beneficiaries under the TEB, which is why he elected the 0/36/0 breakout.  He was stationed in Brussels, Belgium at the time and information was limited at the time, but he made a special effort to ensure he got as much information as possible before making his election.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and DMDC application.


CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty on 15 January 1985.  He served in Saudi Arabia from 31 December 1990 through 29 March 1991 and Afghanistan from 
20 January 2005 through 30 April 2005.  He was promoted to the rank of lieutenant colonel (LTC) on 1 January 2002.

2.  On 31 August 2012, he was retired by reason of sufficient service for retirement.  He completed 27 years, 8 months and 11 days of creditable active service.  He was transferred to the Retired List effective 1 September 2012.

3.  In the processing of this case, on 12 December 2013, a staff advisory opinion was obtained from the U.S. Army Human Resources Command (HRC) at Fort Knox, KY.  The advisory official recommends disapproval of his request because the applicant has submitted no evidence to show he attempted to transfer his educational benefits to his family members (other than son – Jack) prior to leaving active duty or that he was given false information by a reliable source about the rules for TEB.  The advisory official indicates that on 6 April 2010 the applicant requested TEB only to his son (Jack) and his request was approved on the same day.  He has provided no documentation of any change after that date.  The advisory official also states that while the TEB web application is pre-populated with the applicant’s family member's information listed in the Defense Enrollment Eligibility Reporting System (DEERS), they are not made eligible for TEB unless the Soldier assigns at least 1 month to each specified family member.

4.  On 16 December 2013, the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

5.  The Post-9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public Law
110-252, House of Representatives, 2642.  In July of 2008, Congress passed a law for the Post-9/11 GI Bill that went into effect on 1 August 2009.

6.  Public Law 110-252 and Department of the Army, G1 Post-9/11 GI Bill Policy, dated 10 July 2009, provides that a veteran may modify entitlements or revoke entitlements among only those family members that were designated to receive transferred benefits prior to separating from the Armed Forces.  Veterans who transferred entitlements prior to separation or retirement from the Armed Forces may not add new family members after separation or retirement. 


DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was incorrectly informed and the instructions on the application were misleading in regard to action to take to transfer his benefits is not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application that such was the case.  The program was implemented on 1 August 2009 and the applicant retired 
3 years later.

2.  The laws and policies governing the TEB provide that service members must make the election to TEB prior to separation from the service.  The applicant’s application shows he transferred benefits to his oldest son (Jack), and only those family members who were designated to receive transferred benefits prior to the Soldier separating from the Armed Forces may have their entitlements modified or revoked.

3.  The Post-9/11 GI Bill was implemented on 1 August 2009 and information pertaining to the transferability of entitlements was disseminated down to education counselors at the installation level and through many public information sites.

4.  The evidence of record shows the applicant retired 3 years after the implementation of the program.  However, there is no evidence of record and the applicant did not provide any corroborating evidence that shows he was advised he did not have to TEB to each of his family members in order to be able to reallocate benefits after leaving active duty.

5.  In view of the foregoing, 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.

ABCMR Record of Proceedings (cont)                                         AR20130005689



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ABCMR Record of Proceedings (cont)                                         AR20130005689



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