IN THE CASE OF:
BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130014270
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 approval to transfer educational benefits to his spouse and son under the Transfer of Education Benefits provision of the Post-9/11 GI Bill.
2. The applicant states, in effect:
a. When he processed out of the military at Fort Leonard Wood, MO, he sat down with an education counselor for over an hour as he was putting his spouse and son on his Post-9/11 GI Bill.
b. His son was accepted to attend Motorcycle Mechanics Institute (MMI) in Orlando, FL, beginning 28 October 2013. During the financial process, he found out that neither his spouse nor his son were in the system. He called the education center at Fort Leonard Wood and they verified his spouse and son were not in the system.
c. He subsequently contacted the U.S. Army Human Resources Command who also confirmed that nothing had ever been submitted. He further states that he has no supporting documentation, just his word that he thought the entitlement to the benefit was squared away and good to go.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant retired from the Regular Army on 31 March 2011 in the rank/grade of master sergeant/E-8. He completed 29 years and 2 days of creditable active service.
2. On 22 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 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.
3. 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.
4. 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.
5. DOD, the Army, and the 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 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 a year and a half 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 a year and a half 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. There 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 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) AR20130014270
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ABCMR Record of Proceedings (cont) AR20130014270
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