IN THE CASE OF:	

		BOARD DATE:	    20 May 2014 

		DOCKET NUMBER:  AR20130017053 


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

2.  The applicant states he was not properly informed of the requirement to transfer educational benefits under the TEB provision of the Post-9/11 GI Bill to his immediate family members prior to his retirement from the U.S. Army Reserve.  He retired in 2013 after a combined 30 years of active and Reserve service and he was not made aware of the transfer requirement until he tried to use the benefit for his daughter this year.  He requests his ETP be granted as a reward for his service which will result in allowing his children the opportunity to receive the benefits of their parents who sacrificed for the country's freedom.

3.  The applicant provides:

* Notification of Eligibility for Retired Pay at Non-Regular Retirement         (20-Year Letter)
* Orders 13-099-00006

CONSIDERATION OF EVIDENCE:

1.  Evidence shows the applicant was assigned to the Retired Reserve in the rank/grade of major/O-4 due to attaining the maximum authorized years of service on 1 June 2013.

2.  Public Law 110-252, as amended by Public Law 111-377, identify the qualifying Title 10 and Title 32 duty that a service member must have performed on or after 11 September 2001 to gain eligibility for the Post-9/11 GI Bill.  Public Law 110-252 also establishes the legal requirements on the transferability of unused Post-9/11 GI Bill benefits.  This law limits the transfer 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.

3.  The Army, Department of Defense (DOD), and 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.  

4.  On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused educational 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.




DISCUSSION AND CONCLUSIONS:

1.  His request to correct his record to show he was eligible to transfer his Post-9/11 GI Bill benefits has been carefully considered.  However, the governing law is very specific regarding the transfer of benefits.

2.  The applicant appears to have been fully eligible to transfer his education benefits to his family members under the TEB prior to his assignment to the Retired Reserve, but he did not do so.  The program was implemented in July 2009 and he was reassigned to the Retired Reserve on 1 June 2013.  Prior to separation, he admittedly did not apply for the transfer of benefits.  

3.  The DOD, VA, 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 Soldier must meet various criteria to qualify 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.

4.  His service and sincerity are not in question.  However, in this case, the applicant was not separated until 1 June 2013, almost 4 years after implementation of the program.  As a result, equity relief in this case would not be appropriate given there is no evidence he exercised due diligence and it would be contrary to law.

5.  There is neither an error nor an injustice in the applicant's request to transfer his education benefits. 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)                                         AR20130017053





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ABCMR Record of Proceedings (cont)                                         AR20130017053



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