IN THE CASE OF:	  

		BOARD DATE:  19 December 2013

		DOCKET NUMBER:  AR20130020405 


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 to transfer his Post-9/11 GI Bill to his son once he is of age.

2.  The applicant states:

   a.  He recently applied through the milConnect website to transfer his Post-9/11 GI Bill education benefits to his son.  His request was denied by the U.S. Army Human Resources Command (HRC), Finance and Incentives Branch on 26 September 2013 due to the lack of time remaining on active duty.  This denial notification was sent via an email to his Army Knowledge Online email address.  He has approved retirement orders for 31 May 2014.  His first child was recently born on 22 June 2013 and he would like to transfer his Post-9/11 GI Bill education benefits to him.  

   b.  After asking the HRC, Finance and Incentives Branch representatives about the appeals process, they suggested he contact the Army Review Boards Agency.  He understands that the current Army policy is to incur a 4-year active duty commitment in order to transfer education benefits to dependents.  However, he and his wife waited until later in life and his Army career to have children.  This is their first, most likely, their only child.  He is no stranger to volunteering for challenging assignments over his 20 years of service to this great Nation.  He has deployed to Iraq, Afghanistan, sub-Saharan Africa, the Balkans, and many other countries while participating in theater security cooperation exercises to better understand and work by, with and through, our coalition partners and allies to further our national interest.
   c.  Due to the nature of his current assignment to the U.S. Special Operations Command and the complex nature of the compartmented project that he works in, he recently volunteered to extend an additional 8 months in uniform in order to conduct a seamless transition with his replacement to ensure the continuity of operations within his staff section.  He would love to pass the opportunity of a higher education to his son.

3.  The applicant provides copies of his two requests for change to retirement date memoranda, 2012 and 2013 retirement orders, his son’s birth certificate, and an email from HRC.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in the U.S. Army Reserve, as a second lieutenant, on 6 August 1993, with prior enlisted service.  He was promoted to lieutenant colonel on 1 June 2010.

2.  On 17 May 2013, he submitted a request to change his previously-approved retirement date of 1 October 2013 to 1 June 2014 as his replacement had not arrived.  On the same day, his battalion commander recommended approval of his request.

3.  Orders 279-0002 were issued by Headquarters, U.S. Army Garrison, Fort Stewart, GA, on 6 October 2012, retiring him from active duty with an effective date of 30 September 2013.  The orders show on the date of his placement on the retirement list he would have completed 20 years and 19 days of net active service.

4.  Orders 158-0001 were issued by Headquarters, U.S. Army Garrison, Fort Stewart, on 7 June 2013, amending Order 279-0002 to show an effective date of retirement of 31 May 2014.  The orders show on the date of his placement on the retirement list he would have completed 20 years, 8 months, and 19 days of service.

5.  His son was born on 22 June 2013.

6.  In an email, dated 1 October 2013, HRC advised him that:

   a.  His Post-9/11 GI Bill transferability request was disapproved due to insufficient retainability to fulfill the required service obligation associated with transferring Post-9/11 GI Bill benefits to an eligible dependent.  

   b.  In accordance with established Post-9/11 GI Bill Policy, if he did not have 20 qualifying years of service by 1 August 2009, then he must commit to serve the next 4 years on active duty in the Regular Army.  His current approved separation date was 31 May 2014 (less than 4 years from the date he submitted his request on 25 September 2013).  Due to his approved separation/retirement, he was unable to fulfill the required service obligation; therefore, his request to transfer Post-9/11 GI Bill benefits had been disapproved.  

7.  Public Law 110-252 established legal limitations on the transferability of unused Post 9/11 GI Bill benefits.  Further, Public Law 110-252 limits eligibility to transfer 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.  Public Law 110-252 also stated:

   a.  A Soldier must be currently on active duty or a member of the Selected Reserve at the time of transfer of education benefits to his or her dependents on or after 1 August 2009.  

   b.  A Soldier must also agree to serve the prescribed additional service obligation based on the time the Solider had in the service on 1 August 2009.  
   
8.  The Post-9/11 GI Bill policy further states the Secretaries of the Military Department will provide active duty participants and members of the Reserve Components with qualifying active service individuals pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not eligible to transfer his education benefits under the TEB provisions of the Post-9/11 GI Bill prior to his retirement because he did not have 20 qualifying years as of 1 August 2009 and he is unable to fulfill the required 
4-year service obligation by his approved retirement date of 31 May 2014.    

2.  The Department of Defense, Department of Veterans Affairs, 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 Solider must meet various criteria to qualify to transfer benefits to an eligible dependent; most importantly, the Soldier must have completed 20 years of active service or 20 qualifying years of Reserve service by 1 August 2009 and then must commit to serve the next 
4 years on active duty in the Regular Army.  

3.  The applicant is commended for continued honorable service; unfortunately, this incentive was not available to him and his son in accordance with Public Law 110-252 and it is still not available to them unless Congress changes the law.

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)                                         AR20130020405





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ABCMR Record of Proceedings (cont)                                         AR20130020405



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