IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130007922
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 her records to show she elected to transfer her educational benefits to her children under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states:
a. On 22 August 2009, she filed the TEB paperwork online to transfer her Post 9/11 education benefits to both her children. For some reason this did not register in the system. She has no idea why the transfer is not showing up on the system as her children have been on the Defense Enrollment Eligibility System (DEERS) since they were born.
b. She was a reservist and received no help from anyone in regard to completing the transfer in the TEB. She did it in good faith. If there is a computer mistake someplace, it is not her fault.
3. The applicant provides a copy of the transfer request from the TEB, printed
22 August 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant is a lieutenant colonel (LTC)/0-5 in the Retired Reserve.
2. U.S. Army Human Resources Command, Orders C-06-208505, dated 8 June 2012, show she was reassigned from the U.S. Army Reserve Control Group Individual Mobilization Augmentee (IMA) to the Retired Reserve effective 3 June 2012 due to completion of the maximum authorized years of service.
3. On 22 June 2009, the Department of Defense (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 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 she or she has completed 20 years of active duty or 20 qualifying years of Reserve service.
4. 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.
5. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance for administration of the program.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant submitted a request to transfer her Post 9/11 education benefits in the TEB on 22 August 2009. She states the transfer is not showing as completed on the system.
2. As there is evidence that the applicant was eligible and did attempt to transfer the benefits to her children while still a member of the Selected Reserve it would be appropriate to correct her records to show she submitted her request to transfer the benefits and her request was successfully processed.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant successfully submitted a request to transfer her Post 9/11 GI Bill education benefits in a timely manner and that the Army approved her request, provided all other program eligibility criteria are met.
_____________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) AR20110007920
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ABCMR Record of Proceedings (cont) AR20130007922
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