BOARD DATE:	  2 January 2014

		DOCKET NUMBER:  AR20130006399 


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 correction of his records to show he elected transfer of his educational benefits to his daughter under the Post-9/11 GI Bill transferability provision.

2.  The applicant states:

* entitlement of benefits for his daughter was denied
* he received his 20-year letter
* he received a letter stating the benefits were approved
* he was misinformed by the retention sergeant
* the website never said when transferring benefits you would do an additional year
* he only had 6 months before he received his retirement letter
* he was told to transfer the benefits 6 months before his daughter left for college

3.  The applicant provides:

* Notification of Eligibility for Retired Pay at Age 60 (Twenty-Year Letter)
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 December 2003
* letters, dated 28 March 2012 and 14 September 2012, from the Department of Veterans Affairs (DVA)
* retirement orders 

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 18 January 1970.  He enlisted in the U.S. Army Reserve on 19 June 1989.  He was ordered to active duty on 21 January 2003 in support of Operation Enduring Freedom and he was released from active duty on 27 December 2003.   He was promoted to sergeant effective 1 May 2005.  

2.  On 21 July 2011, he received his notification of eligibility for retired pay at age 60.  

3.  On 11 February 2012, he was assigned to the Retired Reserve.

4.  He provides a letter, dated 28 March 2012, from the DVA to his daughter which states:

* his daughter was entitled to benefits for an approved program of education or training under the Post 9/11 GI Bill
* the applicant has transferred 36 months and 9 days of full-time benefits to his daughter beginning on 22 September 2011
* his daughter will remain eligible under the Post 9/11 GI Bill prior to 
      31 December 2019, which is her 26th birthday

5.  He also provides a letter, dated 14 September 2012, from the DVA to his daughter which states:

* they can't approve her claim for educational benefits
* they reviewed her possible entitlement for Transfer of Entitlement under the provisions of Post 9/11 GI Bill
* they denied her claim for benefits under the Transfer of Entitlement option of the Post 9/11 GI Bill
* the Department of Defense (DOD) has reported your parent separated from the Army Reserve prior to his approved transfer of entitlement obligated projected end date

6.  On 22 June 2009, the 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 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.

7.  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.

8.  DOD, the Army, and the VA initiated a massive public campaign plan that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent transfer of educational benefits.

9.  The program guidance stipulates that if a service member becomes retirement eligible during the period 1 August 2009 through 1 August 2013 and agrees to serve the additional period as specified below, he/she is entitled to transfer benefits to his/her family members.  A member is considered to be retirement eligible upon completion of 20 years of active Federal service or
20 qualifying years as computed under Title 10, U.S. Code, section 12732:

	a.  service members eligible for retirement on 1 August 2009 – no additional service required;

	b.  service members who have an approved retirement date after 1 August 2009 and before 1 July 2010 – no additional service required;

	c.  service members eligible for retirement after 1 August 2009 and before 1 August 2010 – 1 year of additional service is required;

	d.  service member's eligible for retirement on or after 1 August 2010 and before 1 August 2011 – 2 years of additional service is required;

	e.  service members eligible for retirement on or after 1 August 2011 and before 1 August 2012 – 3 years of additional service is required; and
	f.  active duty service members, who separate, retire, transfer to the Reserve, or who are discharged on or prior to 1 August 2009 are not eligible to elect transferability.

DISCUSSION AND CONCLUSIONS:

1.  The law states service members eligible for retirement on or after 1 August 2011 and before 1 August 2012 and who agree to serve 3 years of additional service are entitled to transfer benefits to his/her family members.

2.  Evidence shows the applicant transferred his benefits to his daughter in September 2011 and he was assigned to the Retired Reserve in February 2012.  Unfortunately, since he retired before his obligated end date (September 2014), there is no 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)                                         AR20130006399





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ABCMR Record of Proceedings (cont)                                         AR20130006399



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