IN THE CASE OF:	

		BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130015885 


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 educational benefits to her family member under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states:

	a.  when she inquired about transferring her benefits she was told that it was a reenlistment benefit and she was not eligible.  

	b.  she has since found out that several officers, including those near retirement, have been able to use the Post 9/11 GI Bill for their children.  

	c.  she was given information that was not applicable to her. 

3.  The applicant does not provide any additional evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as an officer in the U.S. Army Reserve on 
17 May 1986 and ordered to active duty 2 June 1987.  She served through multiple periods of service in a variety of stateside or overseas assignments and she attained the rank/grade of major (MAJ)/O-4. 

2.  On 30 June 2011, she was retired by reason of sufficient service for retirement.  She completed 24 years and 29 days of active service.  
3.  She was eligible for the Post 9/11 GI Bill, but she did not complete a request to transfer the benefits on the Department of Defense (DOD) TEB online database before she left the service.

4.  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 

	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 for the maximum amount of time allowed by such policy or statute, or

	c.  is or becomes retirement eligible during the period from 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.

5.  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 and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.

6.  Public Law 110-252, as amended by Public Law 111-377, identifies the qualifications to receive the Post-9/11 GI Bill, one of which is that the service member must have performed duty on or after 11 September 2001 in order to be eligible for the Post-9/11 GI Bill.  Public Law 110-252 establishes legal requirements on the transferability of 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.

7.  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.  The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post 9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009.  However, the policy does apply to those so retired if they are recalled to active duty and serve on or after 1 August 2009 and before 2 August 2012.

8.  The Army, DOD, 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 education benefits.  Although significant measures were taken to disseminate the information to all Soldiers during the initial phase of the program, many Soldiers who left service during the first 90 days of the program were not fully aware of the requirements to transfer prior to leaving the military. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was transferred to the Retired Reserve on 30 June 2011.  There is no evidence she attempted to transfer her Post 9/11 educational benefits to her son while she was on active duty.  

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 did not retire until nearly two years after the program was implemented.

3.  The applicant's service and her sincerity are not in question.  However, since the applicant was in an active status for almost 2 years after the program was implemented, she had plenty of time to submit her application and/or to verify that her application was submitted in the proper manner.  There is no evidence she exercised due diligence.  There is neither an error nor an injustice in the applicant's transfer of benefits processing.  Therefore, she 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)                                         AR20130015885





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ABCMR Record of Proceedings (cont)                                         AR20130015885



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