IN THE CASE OF:	  

		BOARD DATE:	 30 January 2014 

		DOCKET NUMBER:  AR20130009747 


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 dependent.

2.  The applicant states:

   a.  He believes that he qualified for this benefit.  He recently reviewed his eBenefits on MilConnect; it shows that he was not eligible for transfer of his Post-9/11 GI Bill education benefits.  He understands that one of the provisions for eligibility was that he had to make the transferability election before leaving active duty.  As an Army National Guardsman, he was activated from 15 October 2006 to 6 March 2008 in support of Operation Iraqi Freedom (OIF).  At that time, he was not informed that this was a requirement or an option.  Therefore, an election was not made.  As an active member of the Army National Guard (ARNG), he retired on 18 September 2009.

   b.  In October 2009, he attempted to transfer his educational benefits to his son, but the transaction never processed as successful on the GI Bill website.  He contacted the unit education center and was informed that he did not qualify because he needed an additional year of service.  At that point, it was too late to complete an additional year because he was retired.  He recently learned that he was misinformed.  According to the Post-911 GI transferability eligibility, "For those individuals who have an approved retirement date after 1 August 2009 and before 1 July 2013, no additional service is required."  Because he was misinformed or never informed, he believes that the denial was in error.  
3.  The applicant provides copies of his 2008 DD Form 214 (Certificate of Release of Discharge from Active Duty), retirement orders, and Post-9/11 GI Bill Transferability Fact Sheet.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Michigan ARNG (MIARNG) on 5 May 2005, with prior Regular Army commissioned service.  He served on active duty in support of OIF from 15 October 2006 through 6 March 2008.  

2.  On 2 June 2009, he was issued a Notification of Eligibility for Retired Pay at Age 60 (Twenty-Year Letter).  He was released from the MIARNG and was transferred to the Retired Reserve on 18 September 2009.  He was credited with completion of 20 years, 3 months, and 26 days of qualifying service for non-regular retirement.

3.  On 29 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 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 a 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 of DoD) or statute from committing to 4 additional years and agrees to service for the maximum amount of time allowed by such policy or stature; 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 Department will provide active duty participants and members of the Reserve Components with qualifying active service individuals pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, document accordingly, 

and maintain record 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 was transferred to the Retired Reserve on 18 September 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 the Selected Reserve was 18 September 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 Transfer of Education Benefits provisions of 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)                                         AR20130009747





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ABCMR Record of Proceedings (cont)                                         AR20130009747



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