IN THE CASE OF:	

		BOARD DATE:	    8 April 2014

		DOCKET NUMBER:  AR20130020595 


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 that the effective date of transfer of his Post 9/11 GI Bill education benefits be corrected to show 1 September 2012 instead of 26 August 2013.

2.  The applicant states:

	a.  He tried to transfer benefits to his spouse in September 2012, but he was denied due to not having 4 years left on his contract.

	b.  He had 2 years left on his contract, so he was unable to reenlist at that time.

	c.  He spoke with retention, his unit administrator, and education specialists.

	d.  All told him that he would have to wait until his 1-year window, and then resubmit his transfer of education benefits (TEB).

	e.  He was told by the Department of Defense (DOD) that he could change the date of eligibility to 1 September 2012 on the TEB form when he reapplied to transfer.

	f.  Once he completed his year and reenlisted with an extension, he filled out a new TEB.

	g.  He attempted to put the 1 September 2012 date for the start of transfer, but realized that the site automatically changed the date to the present.

	h.  He called an education specialist and he was told to fax his social security number (SSN) and his spouse's SSN to the Department of Veterans Affairs (VA) in Muskogee and request a change of the date of transfer.

	i.  After 2 weeks, he called to check on the status and was told that the VA could not do anything about changing the date of TEB.

	j.  He spoke with another specialist at DOD and was told that he could not backdate the actual transfer of benefits, differing from what he was told the year before.

	k.  He later found that he could have extended his contract in 2012 because it was for education purposes.

	l.  At no point was it ever brought up as an option in 2012 or he would have extended because he had made it clear that he intended to continue his service.

	m.  He realizes that the benefit is fairly new and complex, but inexperience and misinformation has cost his family 8 months of benefits that he has earned over his 15 years and the two tours of duty he has served.

3.  The applicant provides:

* VA Form 22-1990 (VONAPP) (Application for VA Education Benefits)
* VA letter, dated 19 September 2012
* VA letter, dated 28 September 2012
* Self-authored statement, dated 20 September 2013
* VA letter, dated 30 October 2013
* VA letter, dated 18 September 2013
* DOD letter, dated 28 August 2013
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Enlistment/Reenlistment Document
* DA Form 3540 (Certificate and Acknowledgment of U.S. Army Reserve Service Requirements and Methods of Fulfillment)
* USAR Form 130-R (Reenlistment Eligibility Worksheet)
* "If You Have Questions or Need Assistance" Document with Handwritten Notes


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 11 February 1998.  He is currently a member of the USAR.

2.  The applicant provides a VA Form 22-1990, which appears to have been generated on-line on 6 September 2012 and appears to be a claim for his own education benefits.  This form is neither signed nor is it dated.

3.  On 19 September 2012, the applicant was notified by the VA that his claim for education benefits under the Post 9/11 GI Bill had been reviewed and that additional information was needed.  In the notification, he was provided a choice of benefits that he wished to relinquish.  He elected to relinquish benefits under Chapter 1607 (Reserve Educational Assistance Program).

4.  On 28 September 2012, the applicant received a Certificate of Eligibility (letter) from the VA, which certified his entitlement to benefits for an approved program of education or training under the Post-9/11 GI Bill.  He was told that he must take the letter to his school and that his school must certify his enrollment before he could get paid.

5.  On 28 August 2013, the applicant was notified by the DOD that he had been approved by his "service" to transfer his unused Post-9/11 GI Bill benefits to his wife, effective 26 August 2013.

6.  The applicant's spouse was notified by the VA on 18 September 2013.  She was told that she had been awarded education benefits under the Post-9/11 GI Bill because her spouse (the applicant) transferred benefits to her.  She was told that based on her eligibility percentage and the enrollment information that was received from her school(s), she was entitled to receive 100% of the benefits payable under the Post-9/11 GI Bill program.

7.  In a self-authored letter, dated 20 September 2013, addressed "To Whom It May Concern:" the applicant requested that the effective date of transfer of his Post 9/11 GI Bill education benefits be corrected to show 1 September 2012 instead of "23 August 2013."  In the letter the applicant reiterated what he states in this Record of Proceedings.

8.  In a letter to the applicant, dated 30 October 2013, the VA stated that in reply to his inquiry of 23 September 2013 concerning the transfer of his education benefits, the effective date of transfer is decided by DOD.  He was told that the transfer of his benefits is based on the date he applied for the transfer of benefits 

and that the VA cannot change the date.  He was told he should contact the education office if he was by a base or the DOD directly and explain why he could not apply sooner.

9.  On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members.  The policy states an eligible individual is 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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  There is no evidence in the available records nor does the applicant provide sufficient evidence showing he applied for TEB any earlier that his 26 August 2013 date of approval.

3.  In view of the foregoing, the applicant's request should be denied.








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)                                         AR20130020595



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ABCMR Record of Proceedings (cont)                                         AR20130020595



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