BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130013482 


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 transfer of his educational benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his family members.

2.  The applicant states he was not allowed to transfer his education benefits to his family members because he was not aware of the TEB [provision of the Post-9/11 GI Bill].  At no time during his service was he made aware of the program or the fact that he needed to transfer his education benefits prior to his retirement.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2010.

CONSIDERATION OF EVIDENCE:

1.  Having had prior active service, the applicant enlisted in the U.S. Army Reserve (USAR) on 1 February 1995.  He was ordered to active duty as an USAR Individual Mobilization Augmentee (IMA) and he entered active duty on 1 July 2006.  He was promoted to the rank/grade of master sergeant (MSG)/E-8 on 1 September 2006.

2.  On 25 January 2010, he was released from active duty to the control of his USAR unit.  On 26 January 2010, he entered active duty as an USAR IMA.  He was retired on 30 September 2010 and he was transferred to the Retired Reserves on 1 October 2010.  He had 20 years and 29 days of active Federal service as of that date.
3.  On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members.  The policy states an eligible family 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 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.  A member of the Armed Forces is eligible to transfer education benefits to family members if they:

	a.  have eligible family members enrolled in the Defense Enrollment Eligibility Reporting System (DEERS).  Children lose eligible family member status upon turning 21 years of age, 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;

	b.  initially requests the transfer through the DOD TEB online database.  This database was operational on 29 June 2009.  Once approved in the TEB database, the information is automatically relayed to the Department of Veterans Affairs (VA).  Once the benefits are transferred, children may use the benefit up to the age of 26;

	c.  changes to the amount of months allocated to dependents can be made at any time, to include once you leave military service, provided the service member allocates at least 1 month of benefits prior to separation.  If the service member allocates 0 months and subsequently leaves military service they are not authorized to transfer unused benefits; and

	d.  a Soldier not serving on active duty or as a member of the Selected Reserve and subsequently requests the transfer of unused benefits to family members should not be granted relief based on unawareness of law, program rules, or procedures unless they left the service during the implementation phase (first 90 days) of the program.  The Army, DOD, 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.  

5.  Public Law 110-252, section 3020, 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 Soldier must be on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his/her dependent.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be allowed to transfer his Post-9/11 GI Bill educational benefits to his family members because he was unaware of the requirement to do so while he was serving in an active status.

2.  The evidence of record confirms the applicant served continuously on active duty as a member of the USAR in the rank of MSG from 1 July 2006 until he was retired on 30 September 2010 and was transferred to the Retired Reserve on 1 October 2010.  This was well over 1 year after the implementation of the program and almost 1 and 1/2 years after the TEB online database was operational.  He would have been eligible to transfer his unused education benefits to any eligible family members enrolled in DEERS; however, there is no evidence that he did so while he was serving in an active status. 

3.  Notwithstanding his sincerity that he was not aware of the requirements to transfer his education benefits prior to his retirement, 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.

4.  The requirement to transfer the benefits while a member is on active duty or in the Selected Reserve is embedded in the law and a change to this law is not within the purview of this Board.  As the applicant failed to transfer the benefits to his family members while in an active status, as required by law, there is an insufficient evidentiary basis for granting him 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 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)                                         AR20130013482





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013482



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1