IN THE CASE OF:	   

		BOARD DATE:	  5 February 2014

		DOCKET NUMBER:  AR20130009779 


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 his records to show he elected the 
Post-9/11 GI Bill instead of the Montgomery GI Bill (MGIB) and, in effect, approval of an exception to policy to transfer his Post-9/11 GI Bill educational benefits to his dependents.

2.  The applicant states he was never briefed or informed of the benefits and the differences between the two programs before he retired.  He did not receive enough time to attend all the necessary briefings because his unit deployed to Iraq in November 2009.  At this point, he was viewed as someone who was betraying the unit, not someone who honorably served for 20 years in the U.S. Army.  He did not receive a retirement award or a final noncommissioned officer evaluation report, but this does not matter or affect him.  The Post-9/11 GI Bill is important to him because it is a benefit he earned.  He definitely feels he and his family were cheated out of this benefit.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant requests to change his election for the MGIB to the Post-9/11 GI Bill.  This portion of his request is not within the purview of this Board and should be addressed with the Department of Veterans Affairs (VA).  In order to do this, he must go to the eBenefits website and submit a VA Form 22-1990 (Application for VA Education Benefits) for this purpose.  Therefore, this portion of his request will not be further discussed in this Record of Proceedings.

2.  The applicant enlisted in the Regular Army on 7 March 1990.  He served continuously on active duty in various assignments and through several reenlistments.

3.  His records show he underwent a pre-separation briefing on 3 September 2009 in anticipation of his upcoming retirement wherein he checked the "Yes" block in item 13a (Education/Training – Education Benefits (MGIB) of his DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members).  Items checked "Yes" are mandatory subjects for service members to receive further information or counseling, or to attend additional workshops, briefings, classes, etc.

4.  He was honorably retired on 31 March 2010.  He completed 20 years and 24 days of net active service.

5.  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 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 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.

6.  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 records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.

7.  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 for administration of the program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was fully eligible to transfer his educational benefits to his dependents under the Transfer of Education Benefits provision of the Post-9/11 GI Bill prior to retirement, but there is no evidence he did so.  The program was implemented in 2009 and his last day of service was 31 March 2010.  Prior to his separation, there is no evidence of record and he did not provide sufficient evidence to show he properly applied for the transfer of educational benefits while serving on active duty and/or that he was given false information by a reliable source about the rules for transferring educational benefits.

2.  DOD, the Army, and the VA conducted massive public campaigns 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 various criteria to qualify to transfer benefits to an eligible dependent and, most importantly, the Soldier must be serving on active duty or in the Selected Reserve at the time of transfer.

3.  The applicant's service and his sincerity are not in question.  His contentions and the documents provided were carefully considered.  However, he continued to serve for nearly 8 months after the transfer of educational benefits provision of the Post-9/11 GI Bill was implemented.  Therefore, he had plenty of time to submit his application under the Post-9/11 GI Bill and/or to verify that his application was submitted in the proper manner.  There is no evidence he exercised due diligence.  While there may have been some confusion during the early stages after initial implementation (usually acknowledged to have been within the first 90 days after implementation), he retired well after the program was implemented.

4.  If the applicant can provide evidence to show he was on leave and/or permissive temporary duty that started within that 90-day window, he may apply for reconsideration.

5.  There is neither an error nor an injustice in his transfer of benefits processing. 
As such, he is not entitled to 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 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)                                         AR20130009779



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ABCMR Record of Proceedings (cont)                                         AR20130009779



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