BOARD DATE: 28 May 2014
DOCKET NUMBER: AR20130017737
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 approval to transfer his Post-9/11 GI Bill benefits to his eligible family members.
2. The applicant states while he was serving on active duty under Title 10 and as a reservist under Title 32, and prior to retiring, he went numerous times to the Retirement Services Officer (RSO) and he was told by the counselors and supervisors that because he was a reservist, he was not entitled to their services because the RSO was only for active duty personnel. He feels that he was never properly informed of his benefits before retiring as a reservist. As of today, he has not been informed of his entitlements and benefits. Had he been afforded the same opportunities as an active duty Soldier, he would not be requesting a correction of his military records now.
3. The applicant provides a letter from the Department of Veterans Affairs (VA).
CONSIDERATION OF EVIDENCE:
1. The applicant's U.S. Army Human Resources Command Form 249-E (Chronological Statement of Retirement Points) indicates he served in the Regular Army from 30 June 1975 to 29 October 1978 and the U.S. Army Reserve (USAR) from 30 October 1978 to 7 September 2007 (retired).
2. Orders issued by the U.S. Army Human Resources Command, as amended, show he was ordered to active duty from his retired status for a period of 1,095 days effective 14 September 2008 with an end date of 13 September 2011 and assigned to Fort Stewart, GA.
3. 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.
4. On 9 September 2011, he completed a DD Form 2648-1 (Preseparation Counseling Checklist for Reserve Component Service Members Released from Active Duty) wherein he requested additional information regarding education and training. The internet address for the VA GI Bill information website is included in the DD Form 2648-1.
5. He was placed on the Retired List on 30 August 2012.
6. There is no evidence in his military records showing he attempted to transfer the benefits prior to leaving military service or evidence showing he was given false or no information about the rules for transferring educational benefits.
7. He provides a letter from the VA, dated 13 September 2013, addressed to the applicant's Representative in Congress, indicating the applicant inquired about transferring benefits under the Post 9/11 GI Bill. The VA indicated that because the applicant was not on active duty, he should contact his branch of service regarding the Post 9/11 GI Bill.
8. The Post-9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public Law
110-252, House of Representatives, 2642. In July of 2008, Congress passed a law for the Post-9/11 GI Bill which went into effect on 1 August 2009. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused educational benefits to family members. A service member may execute transfer of benefits only while serving as a member of the Armed Forces.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests approval to transfer his Post-9/11 GI Bill benefits to his eligible family members.
2. The law governing the transferability of unused Post-9/11 GI Bill benefits places legal limitations on transferability. Members must register and complete transfer prior to leaving the service.
3. Department of Defense and the Army conducted massive public campaigns that generated major communications on the transfer of education benefits under the Post-9/11 GI Bill through military, public, and social media venues. He has not provided sufficient evidence which shows he was deprived of information broadly disseminated through the public campaigns.
4. The Army has generally granted relief to members who left the service within the first 90 days after implementation of the program on 1 August 2009. In this case, the applicant's last day in the service was 29 August 2012, over 3 years after the implementation of the program. As a result, equity relief in this case would not be appropriate given that it would be contrary to law.
5. In view of the foregoing, there is no basis 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.
ABCMR Record of Proceedings (cont) AR20130017737
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