IN THE CASE OF:	  

		BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130017115 


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 an exception to policy (ETP) to transfer his education benefits under the Transfer of Education Benefits (TEB) provision of the Post 9/11 GI Bill to his daughter.

2.  The applicant states, in effect:

   a.  On 6 February 2013, while deployed to Kandahar Airfield, Afghanistan, with the 3rd Sustainment Brigade, he was informed he was selected for involuntary separation from the U.S. Army. 

   b.  He has no history of misconduct and a shining record of the highest performance evaluations, below the zone promotions, and numerous decorations and awards.

   c.  Although he intended to make the Army his career, he understands his military occupational specialty 92L (Petroleum Laboratory Specialist) is being drastically downsized which is forcing him into involuntary early retirement.

   d.  While deployed to Afghanistan, and after the 31 January 2013 deadline, he transferred his Post 9/11 education benefits to his daughter on 6 February 2013.  He was unaware of the 31 January 2013 deadline due to his wartime mission.

   e.  He understands the TEB option has been available to him since 2009 and that he failed to take advantage of the benefit; however, his reason for delaying transfer was because he applied to the Army Green to Gold Program in 2012.  He was not selected; however, he intended on applying again in 2013, with the hope of attaining his career long goal of becoming an Army officer.

   f.  An ETP to All Army Activities (ALARACT) Message 003/2013 (Transferability of Education Benefits/Qualitative Service Program (QSP)) should be established for Soldiers deployed to a combat zone during the benefit transfer deadline.

   g.  The Army G-1 did not allow sufficient time to properly notify and counsel Soldiers affected by the ALARACT message.  The message was released on     7 January 2013 and the deadline for TEB was 31 January 2013.

   h.  There is an unequal opportunity offered to Soldiers who retire with            20 years of service who have up to the day of their retirement to transfer educational benefits.  He is forced to retire with 15 years of time in service in order to meet the Army's new strength goals.  TEB under the Post 9/11 GI Bill would still have been an option for him today if he hadn't been selected for early retirement, if he had been allowed to retire with 20 years of time in service, or if he had transferred his education benefits at an earlier time.  

   i.  He has pursued all avenues to remain on active duty or to be allowed to transfer his benefits to include writing a Member of Congress (MOC) to no avail.  Most importantly, while deployed he placed the mission first and his personal business second; unfortunately, this may now negatively impact his daughter's future and his mental well-being.

   j.  He further requests, if allowed, to travel to Washington, D.C. to plead his case before the Board.  

3.  The applicant provides:

* a self-authored statement
* a letter from an MOC
* a screenshot of the TEB page
* ALARACT Message 003/2013
* a memorandum
* Orders ST-293-0124
* DA Form 2166-8 (Noncommissioned Officer Evaluation Report)




CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 10 March 1999.  He was promoted to the rank/grade of sergeant first class (SFC)/E-7 on 1 May 2008.  

2.  On 14 March 2012, ALARACT message 066/2012 (Enlisted QSP) was disseminated to the force.  It states, in part, that all active component noncommissioned officers in the rank of SFC with at least four years in grade and less than 25 years of active Federal service as of the scheduled October 2012 board were subject to potential selection for involuntary separation from active duty by the QSP Board.  The applicant was in the zone for consideration by the QSP Board.

3.  The applicant provides a copy of Orders ST-293-0124, issued by Headquarters, Third Infantry Division, Fort Stewart, GA, dated 19 October 2012, which deployed him in a Temporary Change of Station status to Kandahar, Afghanistan, in support of Operation Enduring Freedom with a proceed date of 
4 December 2012.  

4.  The applicant provides and his record contains a DA Form 2166-8 for the period 23 December 2012 through 2 June 2013, which shows he served as the Battle Operations Noncommissioned Officer in a forward deployed Sustainment Brigade responsible for Afghanistan Regional Commands South, Southwest, and West. 

5.  The applicant provides a memorandum from the Commanding General, U.S. Army Human Resources Command, dated 4 February 2013, which notified him of his separation under the QSP.

6.  The applicant provides a copy of a screenshot of the TEB website which appears to show he submitted a request to transfer education benefits to his daughter on 6 February 2013.

7.  The applicant provides a copy of a letter, dated 4 March 2013, written on his behalf by the Director, Department of Veterans Affairs, Buffalo, NY, to an MOC requesting assistance in resolving the applicant's ability to transfer his Post 9/11 GI Bill benefits to his daughter.  

8.  On 22 June 2009, the Department of Defense established the criteria for eligibility and transfer of unused educational benefits to eligible family members.

9.  On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.

10.  On 7 January 2013, ALARACT 003/2013 was disseminated to the force.  It states, in part, that active duty Soldiers are entitled to Post 9/11 GI Bill benefits.  TEB to dependents is not an entitlement.  By law, the purpose of the TEB is to enhance both recruiting and retention in the service.  Soldiers must agree to an associated additional service obligation in order to transfer their education benefits to their dependents.  By design, the QSP is a force shaping program the Army is using to identify NCOs for denial of continued service in order to shape the force by grade and skill.  Once a Soldier is approved for denial of continued service, they are no longer eligible to transfer benefits.  All Soldiers who were subject to consideration by the SFC QSP selection board and desire to transfer Post 9/11 GI Bill education benefits must take action to transfer education benefits prior to 31 January 2013.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an ETP to transfer his education benefits under the TEB provision of the Post-9/11 GI Bill to his daughter has been carefully examined.

2.  The applicant's contention that his selection for early retirement, deployed status, and combat support mission hindered his ability to transfer his benefits in a timely manner is substantiated.

3.  Upon notification of his selection for involuntary retirement on 4 February 2013, he initiated procedures to transfer the benefit to his daughter.  It is reasonable to presume the applicant was not immediately aware or informed of ALARACT 003/2013 upon its release and the corresponding short suspense to transfer his benefits by 31 January 2013.  

4.  In view of the available evidence it would be appropriate to correct his records to show he submitted a timely request to transfer his Post-9/11 GI Bill benefits to his daughter prior to 31 January 2013.







BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army approved his request to transfer his Post-9/11 GI Bill benefits to his daughter prior to 31 January 2013 provided all of the eligibility criteria was met.




      _______ _   __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)                                         AR20130017115



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ABCMR Record of Proceedings (cont)                                         AR20130017115



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