BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130015687
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, an exception to policy to transfer his Post-9/11 GI Bill education benefits to his son.
2. The applicant states it is his resolute belief and recollection that during his out-processing from active duty in 2010 a series of errors occurred based on a series of questions and answers that led him to believe he could transfer his education benefits post retirement. He became aware of the error in the spring of 2013 when he attempted to transfer his benefits for his son's admission for the freshman class of 2013. He did earnestly with unwavering candor believe this error occurred erroneously. He respectfully requests a favorable consideration in rectifying this mistake.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed in the West Virginia Army Guard (WVARNG) on 29 June 1986. He entered on active duty on 24 February 2006. He was retired on 31 March 2010 and was transferred to the Retired Reserve. He was honorably discharged from the WVARNG on 31 March 2010. He was credited with completion of 20 years of net active service.
2. On 29 June 2009, the Department of Defense (DoD) established the criteria for eligibility and transfer of unused educational benefits to eligible family
members. The policy stats any member of the Armed Forces on or after 1 August 2009 who, at the time of 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 a 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 of DoD) or statute from committing to 4 additional years and agrees to service for the maximum amount of time allowed by such policy or stature; 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 service or 20 qualifying years of Reserve service.
3. The policy further states the Secretaries of the Military Department will provide active duty participants and members of the Reserve Components with qualifying active service individuals pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, document accordingly, and maintain record 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 on the administration of the program.
DISCUSSION AND CONCLUSIONS:
1. The applicant was fully eligible to transfer his education benefits to his son under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill prior to retirement, but it does not appear he did so. The program was implemented in July 2009 and he retired on 31 March 2010. Prior to retirement, there is no evidence and he did not provide any showing he properly applied for the transfer of benefits while on active duty or in the Selected Reserve and/or he was given false information by a reliable source about the rules of transferring education benefits.
2. The DoD, Department of Veterans Affairs, and the Army conducted massive public campaigns that generated major communications through military, public, and social media venues. The information was published well in advance with emphasis on the criteria. A Solider must meet various criteria to quality to transfer benefits to an eligible dependent; most importantly, the Soldier must be on active duty or in the Selected Reserve at the time of transfer.
3. The applicant's service and his sincerity are not in question. He continued to serve on active duty for over 1 year and 8 months after the TEB provision of the Post-9/11 GI Bill was implemented. Therefore, he had plenty of time to submit his application and/or to verify that his application was submitted in the proper manner. There is no evidence he exercised due diligence. While there may have been some confusion during the early stages after the implementation, he retired well after the program was implemented.
4. There is neither an error nor an injustice in his transfer of benefits processing. Therefore, he is not entitled to 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) AR20130015687
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ABCMR Record of Proceedings (cont) AR20130015687
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