BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20130009487
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 reinstatement of the GI bill education benefits to her dependents under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states she transferred GI Bill benefits to her dependents on
30 July 2011, as soon as she learned of the requirement. In order to remove her active duty service obligation (ADSO) and facilitate her request for retirement she revoked the transfer on 6 September 2012. She did not transfer the benefits earlier because she was unaware of the requirement. She was assigned to a remote location (Ulaanbaatar, Mongolia) from 2009 June 2011 and was not notified of the requirement to transfer the benefits. She transferred the benefits as soon as she learned of the requirement.
3. The applicant provides:
* 23 April 1992 active duty orders
* 23 May 2008 orders to Mongolia
* an internet print-out showing she revoked the transfer of her benefits in September 2012
* 11 July 2012 voluntary retirement request
CONSIDERATION OF EVIDENCE:
1. After completing over 21 years of active duty service the applicant retired from the Regular Army as a lieutenant colonel. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she retired effective 30 June 2013.
2. The applicant was assigned for duty in Mongolia from 30 December 2008 and reassigned to Germany in July 2011.
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 (emphasis added) 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. 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. Therefore, this information would have been available to the applicant.
2. Although she was assigned to an isolated area when the program was implemented she was in Germany since July 2011 where information could have been obtained, as evidenced by her transfer of the benefits. More importantly, it was her decision to revoke the transfer so she wouldn't have to serve the resulting ADSO.
3. The applicant is eligible to receive benefits under the Post 9/11 GI Bill as she meets the basic requirements for entitlements. However, in order to be eligible to transfer her education benefits she would have had to request the transfer while on active duty.
4. In view of the above, there is no 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) AR20110007920
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