IN THE CASE OF:
BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130008806
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 authorization to transfer his educational benefits to his dependent under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states that upon return from deployment, he applied for and received benefits under the Reserve Educational Assistance Program (REAP). He decided to transfer his REAP benefits to the Post 9/11 benefits believing that he could transfer the benefits based on the rules available on the Department of Veterans Affairs (VA) website. From the day he applied for REAP, during which time the transfer of benefits was not available, until his retirement, he had not been informed about the specific changes allowing transfer of Post 9/11 education benefits. The Frequently Asked Questions (FAQ) sheet on the VA website makes no reference to the stipulation that transfer cannot be made after retirement. He only discovered that when he attempted to initiate a transfer.
3. The applicant provides a copy of a VA Information Paper on Post 9/11 GI Bill Transferability.
CONSIDERATION OF EVIDENCE:
1. The applicant, a lieutenant colonel (LTC)/0-5, was transferred from his Reserve unit to the Retired Reserve on 11 January 2011.
2. His records show he last served on active duty from 4 January 2007 through 10 May 2008, when he was released from active duty due to completion of required active service.
3. Section 3020, Public Law 110-252 limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve.
4. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.
5. 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. A Soldier must meet two criteria to qualify to transfer benefits to an eligible dependent: (a) be a Soldier on active duty or a member of the Selected Reserve at the time of the transfer (provided Soldier does not have an adverse action flag) and (b) has at least 6 years of qualifying service in the Armed Forces (active duty and Selected Reserve) and agrees to serve at least 4 additional years from the date of request, unless retirement eligible.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence that shows the applicant submitted a request to transfer his education benefits to his family member(s) while on active duty or in the Selected Reserve, attempted to transfer the benefit prior to leaving military service, and/or he was given false information by any official source.
2. DOD established the criteria for the transfer of education benefits (TEB) provision of Post-9/11 GI Bill education benefits on 29 June 2009. In July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.
3. The applicant's service and his sincerity are not in question. However, as the applicant had been in the Selected Reserve since the program was implemented in August 2009, and 18 months after the program was implemented (he was transferred to the Retired Reserve in January 2011), he had plenty of time to submit his application and/or to verify that his application was submitted in the proper manner and/or to research the submission requirements. While there may have been confusion concerning submission requirements during the early stages of the implementation (generally taken to mean within the first 90 days) after that initial stage there was massive publicity concerning the program. There is no evidence he exercised due diligence. There is neither an error nor an injustice in the applicant's transfer of benefits processing.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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) AR20130005704
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130008806
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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