BOARD DATE: 3 December 2013
DOCKET NUMBER: AR20130006114
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, as an exception to policy the Transfer of Education Benefits (TEB) under the provisions of the Post-9/11 GI Bill.
2. The applicant states, in effect, during his retirement transitional brief he was not informed of the opportunity for transferability of the Post-9/11 GI Bill benefits. He contacted the Department of Veterans Affairs (VA) Educational Benefits Office to inquire why this change did not occur or if there was anything he could do. The VA representative advised him that transferability should have been completed prior to his final out processing date and that there was nothing more he could do. He decided to complete this DD Form 149 (Application for Correction of Military Record) to see if he can change this error.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 11 January 1989. He served continuously on active duty through several reenlistments until he was honorably retired on 31 July 2010. He was credited with completing 21 years, 6 months, and 20 days of net active service with no time lost.
2. On 22 June 2009, the DoD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states 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 four 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 service or 20 qualifying years of Reserve service.
3. 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, document accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.
DISCUSSION AND CONCLUSIONS:
1. The applicant was fully eligible to transfer his education benefits under the TEB prior to retirement, but he did not do so. The program was implemented in July 2009 and he retired on 31 July 2010. Prior to retirement, he did not apply for the transfer of benefits while on active duty.
2. The DOD, VA, and the Army conducted massive public campaigns that generated major communications through military, public, and social media venues. The information was published well in advance with emphasis on the criteria. A Soldier must meet various criteria to qualify to transfer benefits to an eligible dependent; most importantly, the Soldier must be on active duty or in the Selected Reserve at the time of transfer.
3. The applicant's service and his sincerity are not in question. He continued to serve over 1 year after the TEB provision of the Post 9/11 GI Bill was implemented. Therefore, he had plenty 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 no evidence he was improperly/not briefed on this benefit. While there may have been some confusion during the early stages after the implementation, he retired well after the program was implemented.
4. There is neither an error nor an injustice in his transfer of benefits processing. Therefore, he is not entitled to 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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