IN THE CASE OF:	  

		BOARD DATE:  13 March 2014

		DOCKET NUMBER:  AR20130011735 


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 to transfer his Post-9/11 GI Bill educational benefits to his daughter.

2.  The applicant states he served honorably from 23 January 1986 to 26 May 2013.  

   a.  He states that, on 15 January 2013, an education benefits counselor advised him on the process to transfer his education benefits.  He established an account on the milConnect website and submitted a request for Transfer of Education Benefits (TEB).  He was told that he had completed what was required and the benefits would be transferred.  

   b.  On 4 May 2013, he attended his last drill in the Ohio Army National Guard (OHARNG).  He was told he had completed all the required paperwork and was cleared for retirement, but his separation packet still required a few signatures.

   c.  On 28 May 2013, he received a letter informing him that his educational benefits had to be transferred to his eligible dependents prior to 1 August 2013, otherwise he would be required to serve 4 additional years in order to transfer benefits.

   d.  On 29 May 2013, which was 3 days after his separation and Mandatory Retirement Date, he found out that his TEB was not completed.
   
    	(1)  He called the point of contact (POC) listed on the letter and, while on the phone, he signed into the milConnect website.  He updated his profile and resubmitted his request.  He states the POC told him that everything would be processed.

    	(2)  He concludes by stating, "I was assured that this was done months prior [in January 2013] and feel that I have earned these 15 months of benefits at 80 percent and they should be transferred to my daughter."

3.  The applicant provides a copy of his milConnect TEB printout and a letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) and OHARNG on 23 January 1986.  He was appointed as a Reserve commissioned officer in the ARNGUS and OHARNG on 27 May 1989.

2.  The applicant was promoted to the rank of major on 8 November 2005.

3.  On 1 February 2006, the Deputy Chief of Staff for Personnel, OHARNG, Columbus, OH, notified the applicant that his eligibility for retired pay had been established upon attaining age 60.  

4.  State of Ohio, Adjutant General's Department, Columbus, OH, Orders
143-987, dated 23 May 2013, honorably separated the applicant from the ARNG effective 26 May 2013 and transferred him to the U.S. Army Reserve Control Group (Retired Reserve).

5.  In support of his request the applicant provides a copy of a milConnect TEB printout, dated 29 May 2013, that shows a request to transfer educational benefits, as follows:

* spouse (Lori R.) - 0 months
* child (Peyton L.) - 15 months (Beginning Date:  29 May 2013)
* child (Anthony A.) - 0 months
* child (Chloe M.) - 0 months

    	(1)  The TEB Acknowledgements section shows, in pertinent part, "I am eligible for the Post-9/11 GI Bill, the program I am applying to transfer."

    	(2)  The TEB printout does not show evidence of an acknowledgement from the milConnect website that the request was submitted, received, accepted, or approved.
6.  Public Law 110-252 (Supplemental Appropriations Act, 2008) provides the authority for members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 to transfer unused educational benefits to eligible family members.  The Public Law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic educational assistance under this chapter to elect to transfer entitlement to unused educational benefits to one or more of the specified family members.

	a.  An eligible individual is any member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, has completed at least:

		(1)  6 years of service in the Armed Forces and enters into an agreement to serve at least 4 more years as a member of the Armed Forces; or

		(2)  the years of service as determined in Army regulations and established by the Secretary of the Army.

	b.  An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement, as follows:

		(1)  to the individual's spouse;

		(2)  to one or more of the individual's children; or

		(3)  to a combination of the individuals identified above.

   c.  Provided the service member allocates at least 1 month of benefits to an eligible family member prior to separation, changes to the amount of months allocated to eligible family members can be made at any time, to include after leaving military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he elected to transfer his Post-9/11 GI Bill educational benefits to his daughter because he submitted a request for TEB on 15 January 2013; however, 3 days after he separated, he was informed that his request for TEB was not completed.

2.  The sincerity of the applicant's comments is not in question.  However, he provides no documentary evidence (i.e., milConnect TEB printout, letter, statement from his education benefits counselor, etc.) that shows he submitted a request for TEB on or about 15 January 2013 or any time prior to the date of his separation.

3.  The applicant separated from military service on 26 May 2013 and he did not attempt to access the milConnect website until 29 May 2013.

4.  The evidence of record shows the applicant was fully eligible to transfer his educational benefits under the TEB prior to retirement, but he did not do so.

5.  Thus, the applicant retired from the ARNG without transferring his educational benefits.  By law he is no longer eligible to transfer his benefits.

6.  In view of all of the foregoing evidence, 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)                                         AR20130011735



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ABCMR Record of Proceedings (cont)                                         AR20130011735



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