IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130008397
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 transfer of her educational benefits to her dependent under the Post-9/11 GI Bill transferability provision.
2. The applicant states:
* her unit did not properly inform her of the requirements of the Post 9/11 GI Bill during her active duty service
* while on active duty she repeatedly asked for information to apply for the Post 9/11 GI Bill transfer for her dependent
* each time she asked she was told the website had changed and there was no more information for a new Post 9/11 GI Bill contact address
* to her knowledge the Department of Defense (DOD) did not provide information regarding the Post 9/11 GI Bill to her unit
* she was recently informed that she could not transfer her Post 9/11 GI Bill entitlement to her dependent because she was no longer on active duty
* had she known this information, she would have made the transfer during her required active duty timeframe
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 11 July 1947. She retired in the rank of lieutenant colonel on 31 December 2011 due to maximum age after completing 18 years,
9 months, and 24 days of active service.
2. There is no evidence of record which shows she transferred her Post-9/11 GI Bill benefits to her dependent prior to her retirement.
3. 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.
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. DOD, the Army, and the Department of Veterans Affairs 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, DOD, the Army, and the VA 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 2 1/2 years after the program was implemented.
2. There is no evidence of record and she provided no evidence which shows she 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 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) AR20130008397
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ABCMR Record of Proceedings (cont) AR20130008397
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