BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130013386 


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 an exception to policy to transfer his educational benefits to his daughter under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states:

* he was on active duty and he was told he would be able to transfer the benefit and that an exception to policy would be done for him
* the exception to policy was not done and now that his daughter is about to start college, he feels this is an error that needs to be corrected
* he had previously served in the Regular Army for over 12 years; he reentered the Army in 2006 
* he reached his Retention Control Point as an E-6 and he was told he would not need to serve an additional 3 years
* his former unit (prior to retirement) admitted the error and can be contacted to verify 

3.  The applicant does not provide any evidence. 

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service (28 October 1982 to 27 June 1995), the applicant enlisted in the RA on 31 January 2006 and he held military occupational specialty 92W (Water Treatment Specialist). 

2.  Prior to his retirement, he underwent pre-separation counseling.  He checked the "Yes" block in item 13a (Education/Training - Education Benefits (Montgomery GI Bill)) of his DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members).  Items checked "Yes" are mandatory for service members to receive further information or counseling or attend additional workshops, briefings, classes, etc.

3.  He retired on 30 April 2012 and he was placed on the Retired List in his retired rank/grade of staff sergeant/E-6 on 1 May 2012.  He completed 20 years, 8 months, and 16 days of total active service. 

4.  Public Law 110-252 establishes legal limitations on the transferability of unused Post-9/11 GI Bill benefits.  Further, § 3020 Public Law 110-252, limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.  

	a.  A Soldier must be currently on Active Duty or a member of the Selected Reserve at the time of transfer of education benefits to his or her dependent (on or after 1 August 2009).  

   b.  A Soldier must also have at least 6 years of eligible service in order to transfer education benefits to a spouse and at least 10 years of eligible service to transfer to eligible children.  

	c.  A Soldier may only transfer to eligible family members.  To be considered an eligible family member the spouse or child must be enrolled in Defense Eligibility Enrollment Reporting System (DEERS) and be eligible for DEERS benefits.  Children lose eligible family member status upon turning age 21, or at marriage.  Eligible family member status can be extended from age 21 to age
23 only if the child is enrolled as a full-time student and unmarried (verified by DEERS).  Wards of state are not eligible for the benefit.  Once the benefits are transferred, children may use the benefit up to the age of 26.  

	d.  A Soldier must also agree to serve the prescribed additional service obligation based on the time the Soldier had in service on 1 August 2009.

   e.  A Soldier must also have no adverse action flag and have an honorable discharge to transfer the benefits.  

	f.  A Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless they left the service during the implementation phase (first 90 days) of the program.  The Army, Department of Defense (DOD), and Department of Veterans Affairs (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 education benefits.  

	g.  A Soldier must initially request to transfer benefits on the DOD's TEB online database.  The TEB online database was operational 29 June 2009.  Once approved in the TEB online database by the Soldier’s service, the approval information is automatically relayed for VA access.  The respective family member must then submit an application for VA education benefits, VA Form
22-1990e, to request to use the benefits. 

	h.  Changes to the amount of months allocated to family members can be made at anytime, to include once the service member leaves military service, provided the service member allocates at least one month of benefits prior to separation.  If the service member allocates zero months, and subsequently leaves military service, they are not authorized to transfer unused benefits.  

5.  On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education 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 meets various requirements.  

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence that shows the applicant submitted a request to transfer his education benefits to his family member(s) while on active duty, attempted to transfer the benefit prior to leaving military service, and/or he was given false information by a reliable source about the rules of transferring education benefits. 

2.  The DOD, 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 the implementation, the applicant retired over 3 years after the program was implemented.

3.  The applicant's service and his sincerity are not in question.  However, as the applicant had been on active duty since the program was implemented in August 2009, and nearly 3 years after the program was implemented (he retired in May 2012), he had plenty of time to submit his application and/or to verify that his application was submitted and/or that an exception to policy was submitted in the proper manner.  There is no evidence he exercised due diligence.  There is neither an error nor an injustice in the applicant's transfer of benefits processing.

4.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20130013386



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ABCMR Record of Proceedings (cont)                                         AR20130013386



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