IN THE CASE OF:
BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130011583
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, approval to transfer educational benefits to his son under the Transfer of Education Benefits provision of the Post-9/11 GI Bill.
2. The applicant states upon being eligible and while serving on active duty, he completed all of the necessary documentation to transfer his Post-9/11 GI Bill benefits to his son. A computer error on the Department of Defense (DOD) website must have occurred and his information was not uploaded when DOD moved the information to a new link. He requests the error be immediately corrected so he can transfer his entitlements to his son who will be attending college full time in August 2013.
3. The applicant provides:
* self-authored memorandum for record
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Enlisted Record Brief
* letter from the Department of Veterans Affairs (VA)
CONSIDERATION OF EVIDENCE:
1. The applicant retired from the Regular Army on 31 January 2010 in the rank/grade of command sergeant major/E-9. He completed 30 years, 7 months, and 11 days of creditable active service.
2. The applicant provided a self-authored memorandum for record in which he states:
a. He completed over 30 years of honorable service during peace and war, on foreign and domestic lands. At the end of his career he elected to continue his service for an additional 7 months due to the implementation of the Post-9/11 GI Bill.
b. As a senior member of the Army he championed the Post-9/11 GI Bill and was charged to discuss its benefits and to conduct training. He is 100-percent certain DOD made an error in his file in its attempt to move information stored on their computer system from one location to another.
c. He made his election for the Post-9/11 GI Bill prior to his retirement and requests the error be fixed so he may transfer his benefits to his son. The information was in the online database prior to his retirement and was viewed by his family members.
d. He subsequently contacted the VA to begin the process of using his benefits only to find out the VA could not see it. He is heartbroken and the error has caused undue stress on him and his family.
3. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states an eligible member is 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 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 duty 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 for administration of the program.
6. DOD, the Army, and the VA initiated a massive public campaign plan that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent transfer of educational benefits.
DISCUSSION AND CONCLUSIONS:
1. Contrary to the applicant's contentions, there is insufficient evidence to show he submitted a request to transfer educational benefits to his family member(s) while serving on active duty.
2. DOD, the 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. While there may have been some confusion during the early stages after implementation, he did not retire until approximately 6 months after the program was implemented.
3. His service and sincerity are not in question. However, he was serving on active duty when the program was implemented in August 2009 and he remained on active duty for approximately 6 months following implementation. Therefore, it appears he had plenty of time to submit his application and/or to verify that his application was submitted in the proper manner. He provided no evidence to show he started his transition processing (e.g., leave, permissive temporary duty) during the 90-day period after the 1 August 2009 implementation of the program, when there were some problems with the on-line system. There is appears to be neither an error nor an injustice in the applicant's transfer of benefits processing.
4. The requirement to transfer the benefits while a member is serving on active duty or as a member of the Selected Reserve is embedded in the law and a change to this law is not within the purview of this Board. Additionally, the Army Board for Correction of Military Records does not correct records solely for the purpose of establishing entitlement to other programs or benefits. As it appears that the applicant failed to transfer the benefits while serving in an active status as required by law, there is an insufficient evidentiary basis for granting his 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) AR20130011583
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ABCMR Record of Proceedings (cont) AR20130011583
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