IN THE CASE OF:	   

		BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130009547 


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, in effect, an exception to policy to transfer his Post-9/11 GI Bill education benefits to his children.

2.  The applicant states:

   a.  He was eligible to transfer his Post-9/11 GI Bill education benefits to his children upon his retirement, but he retired 30 days after the program was implemented and the transfer procedures were not yet in place.  Unfortunately, he can't use the Transfer of Education Benefits (TEB) site at MilConnect to submit the transfer request.  The transfer matrix shows "No Record Found." 

   b.  He submitted his concerns to the U.S. Army Human Resources Command and was advised that unfortunately they could not make him become eligible for transfer of his benefits now that he was retired; however, since he had retired within 90 days after the implementation becoming effective on 1 August 2009, he could request relief through the Army Board for Correction of Military Records (ABCMR).  He was provided the ABCMR's website for submitting a request.

   c.  This problem exists because only veterans who are currently serving on active duty or in the Selected Reserve can transfer benefits to eligible family members.  Once the Defense Enrollment Eligibility Reporting System reflects a member has separated or retired from the service they are no longer able to initiate the transfer of benefits to their family members.  

   d.  The injustice is that he retired only 30 days after the implementation for transferring benefits became effective on 1 August 2009.  He specifically asked his retirement counselor about the education benefits.  He was not informed of the requirement to transfer the benefit while on active duty.  Had he known of this requirement he would have complied.  In the early days of this program there was uncertainty and the retirement counselors at Fort Bragg, NC, were unable to help him.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 May 1989.  He served continuously on active duty in various assignments.

2.  He was honorably retired on 31 August 2009.  He was credited with completion of 20 years, 3 months, and 7 days of net active service and no time lost.

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 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 service 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 on the administration of the program.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant retired on 31 August 2009 after completing more than 20 years of service.  In previous cases, the Office of the Deputy Chief of Staff, G-1, had opined that although significant measures were taken to disseminate the transferability of unused Post 9/11/ GI Bill benefits many Soldiers who left the service during the first 90 days of the program were not fully aware of the requirement to transfer the benefits prior to leaving military service.  

2.  The applicant's last day in an active status was 31 August 2009 which was within 90 days of implementation of the program.  He contends he was not aware of the requirement to transfer his educational benefits prior to retirement; therefore, none of the required steps to transfer his benefits were taken.  Based on the foregoing and as a matter of equity, his records should be corrected to show he transferred his benefits to either his spouse or children under the TEB provisions of the Post-9/11 GI Bill.

3.  The Post-9/11 GI Bill policy states the Secretaries of the Military Department will provide active duty participants and members of the Reserve Components with qualifying active service, individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 filed his application and the Army approved his request to transfer Post 9/11 GI Bill benefits to his dependents prior to his transfer to the Retired Reserve, 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)                                         AR20130009547





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ABCMR Record of Proceedings (cont)                                         AR20130009547



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