IN THE CASE OF:	   

		BOARD DATE:	  19 February 2014

		DOCKET NUMBER:  AR20130007350 


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 reconsideration of his earlier request for approval to transfer his educational benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his dependents.  

2.  He states:

	a.  He was deployed twice to Iraq and once to Kuwait.  He volunteered for the deployment to Kuwait to increase his active duty time since his children were near college age.  After these deployments, he received a 60 percent service related disability.  He was medically retired from the Army National Guard (ARNG) after 27 years of service, which meant he had to retire from his full-time civil service job.

	b.  He and his wife met with a command sergeant major (CSM) after he received the Estimated Federal Retirement Benefits packet.  He questioned whether he would be able to transfer Post-9/11 GI Bill to his children.  He was told "yes, at any time."  He was also told this same thing by a representative from the Washington Army National Guard Department of Veterans Affairs.  He provided his wife's notes from the meeting.

	c.  He retired a couple weeks after his meeting and he went to E-Benefits to transfer his educational benefits and was unable to do so.  He didn't know the transfer of the benefits had to be completed before he retired.  

	d.  He received a memorandum that recommended that he be granted full administrative relief and be provided with the opportunity to transfer benefits.  He claims this memorandum didn't indicate he had to do anything more so he assumed his request would be granted.  He immediately cancelled his on-the-job apprenticeship because that was using up his Post-9/11GI Bill benefits.  He then received another letter stating his request to transfer his benefits had been denied.  He has served his country long and well and has earned all the benefits to which he is entitled.  

3.  He provides Federal Retirement Benefits Estimate and previous advisory opinion from the National Guard Bureau.  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120015520 on 19 March 2013.  

2.  The applicant provided a new document and arguments that will be considered by the Board.

3.  The applicant served in Iraq from 1 March 2004 to 8 March 2005 and from 21 October 2008 to 19 July 2009 and in Kuwait from 9 April 2011 to 8 February 2012.

4.  In June 2012, a Medical "Fitness for Duty" evaluation determined the applicant was medically disqualified for continued service in the ARNG.  Having completed 4 years and 7 months in the Regular Army and over 22 years in the ARNG, he was honorably discharged from the ARNG and transferred to the Retired Reserve on 19 July 2012 in the rank of sergeant first class.

5.  The applicant provided Federal Retirement Benefits Estimate, dated 26 June 2012, which includes handwritten notes, such as "100% GI Bill? Yes" and "Transfer to kids? Yes Whenever."

6.  The applicant's service record does not include evidence showing he attempted to transfer educational benefits prior to leaving military service.  

7.  On 14 November 2012, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau.  The advisory official stated, in part, the applicant was eligible for the Post 9/11 GI Bill but he did not complete a request to transfer benefits on the Department of Defense (DOD) TEB online database before he left the service.  The advisory official recommends approval of the applicant's request to transfer Post 9/11 GI Bill education benefits and that he receive full administrative relief in this matter and be provided the opportunity to transfer his benefits.

8.  On 22 June 2009, 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 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.

9.  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's request for approval to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill to his dependents has been carefully considered.  However, the evidence of record does not indicate that an error or injustice exists in this case.  

2.  Although the applicant contends he was told he could transfer his education benefits any time, the DOD, VA, and the Army 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, the applicant retired almost 3 years after the program was implemented.

3.  There is no evidence of record and he provided no evidence which shows
he was improperly briefed concerning the Post 9/11 GI Bill application
procedures.  Regrettably, 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 to amend the decision of the ABCMR set forth in Docket Number AR20120015520, dated 19 March 2013.




      _______ _   _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)                                         AR20130007350





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ABCMR Record of Proceedings (cont)                                         AR20130007350



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