BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130019682
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 to his daughter under the Transfer of Education Benefits (TEB) provision of the Post 9/11 GI Bill.
2. The applicant states, in effect, that he was deployed to Afghanistan from May 2012 to May 2013. He took leave and returned to duty on 16 July 2013. He was unaware that he would incur an additional service obligation if his benefits were not transferred by 1 August 2013, which was the cut-off date; therefore, when he attempted to transfer his benefits he encountered difficulty. He continues by stating that he has 29 years of service and desires to retire when he reaches
30 years of service. He has now been informed that he has incurred a 4-year additional service obligation because his transfer was completed after 1 August 2013.
3. The applicant provides copies of his deployment orders, DA Form 31 (Request and Authority for Leave), letters from the Department of Veterans Affairs, and an internet printout regarding TEB.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 20 November 1984 for a period of 3 years. He completed his training and has remained on active duty through a series of continuous reenlistments. He was promoted sergeant major on
1 November 2005.
2. He deployed to Afghanistan during the period May 2012 to May 2013 and returned to Fort Campbell, Kentucky where he departed on leave until 15 July 2013.
3. In the processing of this case a staff advisory opinion was obtained from the U.S. Army Human Resources Command which opines that there is sufficient evidence to show that given his deployment he may have been unaware of the requirement to transfer his benefits prior to 1 August 2013 in order to avoid an additional service obligation. The opinion was provided to the applicant for comment and he essentially concurred.
4. On 22 June 2009, the Department of Defense established the criteria for eligibility and transfer of unused educational benefits to eligible family members.
5. 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.
6. On 7 January 2013, All Army Activities (ALARACT) Message 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 after 1 August 2013.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to transfer his education benefits to his daughter under the TEB provision of the Post-9/11 GI Bill has been carefully examined.
2. The applicant's contention that his deployment to a combat mission in Afghanistan hindered his ability to transfer his benefits in a timely manner because he was unaware of the change in the eligibility criteria appears to have merit.
3. It is reasonable to presume the applicant was not immediately aware or informed of the changes to the TEB because he was deployed to a combat area at the time of its release and was unaware that he had to accomplish the TEB by 1 August 2013 in order to avoid incurring an additional service obligation.
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 1 August 2013.
BOARD VOTE:
____X____ ___X_____ _X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 1 August 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) AR20130019682
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