IN THE CASE OF:
BOARD DATE: 2 Ju1y 2014
DOCKET NUMBER: AR20130016484
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, the spouse of a former service member (FSM), requests correction of the FSM's record to show he transferred his Post 9/11 GI Bill education benefits to his children prior to his retirement.
2. The FSM states he requested transfer of education benefits (TEB) to his children prior to his retirement, but his record was not updated to show this transfer. During his outprocessing at Fort Benning, GA, he received guidance from education counselors on TEB. Counselors walked him through each step, and once the process was completed, the counselors said he was "good to go." He kept checking to make sure, but he did not receive confirmation. Now the Department of Defense and the Department of Veterans Affairs say he did not transfer benefits to his children. His survivor benefits election was made the same day. This went through, but the TEB did not.
3. The applicant provides a General Power of Attorney and the FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. On 23 November 1982, the FSM enlisted in the Regular Army. On 28 February 2011, he retired after completing 28 years, 3 months, and 8 days of active military service.
2. During the processing of this case, a U.S. Army Human Resources Command staff member reviewed the TEB website and found no evidence that the FSM had submitted a TEB request prior to his retirement.
3. Department of Defense (DOD) Directive-Type Memorandum (DTM) 09-003, dated 22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members.
a. Eligible individuals include members of the Armed Forces on or after 1 August 2009 who, at the time of the approval of their request to transfer entitlement to educational assistance under this section, are eligible for the Post-9/11 GI Bill, and:
b. have at least 6 years of service in the Armed Forces on the date of election and agree to serve 4 additional years in the Armed Forces from the date of election; or
c. have at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, are precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agree to serve for the maximum amount of time allowed by such policy or statute; or
d. were or became 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.) For those individuals who had an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service was required. For those individuals eligible for retirement:
* on or after 1 August 2009 and before 1 August 2010, 1 year of additional service was required
* on or after 1 August 2010 and before 1 August 2011, 2 years of additional service was required
* on or after 1 August 2011 and before 1 August 2012, 3 years of additional service was required
4. The policy further states the Secretaries of the Military Departments will provide counseling on Post-9/11 GI Bill benefits to active duty participants and members of the Reserve Components with qualifying active duty service prior to separation or release from active duty and document accordingly.
5. During the implementation phase of the program (the first 90 days), many Soldiers were unaware of the requirements for transferring Post-9/11 GI Bill education benefits. The Army, DOD, and VA initiated a massive public campaign that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and transfer of benefits.
6. Requests for TEB to eligible dependents must be submitted through a Defense Manpower Data Center (DMDC) web application.
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not support the applicant's request for correction of the FSM's record to show he submitted a timely application to transfer his Post-9/11 GI Bill education benefits to his dependents.
2. Information on the Post-9/11 GI Bill was widely available when the FSM retired more than a year after the implementation phase had ended, and, as part of his retirement processing, he was required to receive counseling on his Post-9/11 GI Bill benefits. He has not provided any documentary evidence indicating he was improperly counseled.
3. He could have applied for TEB at any time from 1 August 2009 until his retirement on 28 February 2011. There is no evidence that he followed the established procedure by submitting an application through the DMDC TEB web application while he was on active duty. This was a well-established and well-publicized procedure, and it remains the only way to apply for TEB.
4. In the absence of evidence indicating the FSM was unfairly deprived of the opportunity to apply for TEB prior to retiring, there is an insufficient basis upon which to grant 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.
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