IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130006090
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 transfer of his GI Bill education benefits to his two children.
2. The applicant states on 13 December 2010 he made a transfer of education benefits (TEB) to his wife that was approved. On 16 December 2010, he revoked his wife and replaced her with their two children based on his wifes request. He goes on to state he reviewed the GI Bill TEB before final out-processing and his children were still in the system, or so he thought. He also states he did not print out the record and he has no record of the transaction. He requests his children be added back into the TEB since he has had no change in his marital status and the children still live with him.
3. The applicant provides:
* his approved TEB, dated 29 January 2011 and 18 January 2013
* four pages of email traffic between the applicant and officials at the U.S. Army Human Resources Command (HRC) at Fort Knox, KY
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. The applicant was serving on active duty as an Active Guard Reserve (AGR) colonel in Warren, MI when his request for TEB was approved for transfer of
36 months of his benefits to his spouse on 29 January 2011 based on his
13 December 2010 request.
2. On 2 December 2012, the applicant dispatched an email message to officials at HRC requesting assistance in transferring his benefits to his two children.
3. Officials at HRC informed the applicant there was no record of a TEB to his children or of his listing his children as being eligible to receive his benefits. However, there was evidence of his revoking his wifes benefits. He was also informed that without proof he had made the change to his children prior to his retirement, there were no provisions to make such a change now. He was advised to apply to this Board.
4. 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.
5. 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 dependents 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 applicants claim that he transferred his benefits to his two children is not in doubt, he has failed to show through the evidence of record or the evidence submitted with his application that he made such an election.
2. The laws and policies governing the TEB provide that family members may not be added after separation or retirement.
3. Therefore, in the absence of evidence to show that he did in fact add his children prior to his retirement, there appears to be no error or injustice in his case.
4. 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:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20130006090
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ABCMR Record of Proceedings (cont) AR20130006090
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