IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130021380
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 educational benefits to his dependent under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states:
* he submitted a TEB request for his dependent daughter around
15-17 August 2010 before he deployed to Afghanistan
* the system used for the transfer stated the change was successful, but now the information is unavailable in milConnect (a web-based Internet application provided by the Defense Manpower Data Center (DMDC) for access to certain personal information)
* he was told he could not transfer his benefits and it is unjust for her not to receive the benefits
* he submitted his request for transfer in milConnect and his 20 years of service and right to help his daughter attend college should not be revoked due to a system error
3. The applicant provides email in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant retired from the Regular Army on 30 September 2012. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 20 years and 14 days of creditable active military service.
2. The applicant provided email communications between himself and the Finance and Incentives Branch, U.S. Army Human Resources Command (HRC), Fort Knox, KY, regarding his TEB election. That office advised the applicant they were unable to see that he had submitted a TEB request and advised him to submit a screen print of the previous transfer request. The applicant was further advised that HRC would be unable to assist him if he did not have proof of his previous TEB election attempt.
3. His records are void and he does not provide any evidence showing a TEB election attempt.
4. Department of Defense (DOD) Directive-Type Memorandum 09-003, dated 22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members.
a. Eligible individuals include members of the Armed Forces on or after 1 August 2009 who, at the time of the approval of their request to transfer entitlement to educational assistance under this section, are eligible for the
Post-9/11 GI Bill, and:
b. have at least 6 years of service in the Armed Forces on the date of election and agree to serve 4 additional years in the Armed Forces from the date of election; or
c. have at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, are precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agree to serve for the maximum amount of time allowed by such policy or statute; or
d. were or became 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.) For those individuals who had an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service was required. For those individuals eligible for retirement:
* on or after 1 August 2009 and before 1 August 2010, 1 year of additional service was required
* on or after 1 August 2010 and before 1 August 2011, 2 years of additional service was required
* on or after 1 August 2011 and before 1 August 2012, 3 years of additional service was required
5. The policy further states the Secretaries of the Military Departments will provide counseling on Post-9/11 GI Bill benefits to active duty participants and members of the Reserve Components with qualifying active duty service prior to separation or release from active duty and document accordingly.
6. A Soldier must be currently serving on active duty or as a member of the Selected Reserve at the time of transfer of educational benefits to his or her family members (on or after 1 August 2009).
7. Requests for TEB to eligible dependents must be submitted through a DMDC web application.
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not support the applicant's request for correction of his records to show he submitted a timely application to transfer his Post-9/11 GI Bill educational benefits to his dependent.
2. Information about the Post-9/11 GI Bill was widely available prior to the applicant's retirement and he was required to receive counseling on his Post-9/11 GI Bill benefits as part of his retirement processing.
3. He could have applied for TEB at any time from 1 August 2009 until his retirement on 30 September 2012. Unfortunately, it appears he did not print out the document stating the change was successful and there is no evidence that he submitted an application through the DMDC TEB web application.
4. In view of the foregoing, there is no basis for granting the applicant's 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 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) AR20130021380
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130021380
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150002094
The applicant states, in effect: * while still on active duty, he elected to transfer his education benefits received under the Post-9/11 GI Bill to his wife and daughter * due to the phasing of the transferability of the Post-9/11 GI Bill, he had to serve one additional year from the date of his election; the period was one year because, at the time of his election, he had 19 years of service * he used the MILCONNECT website to transfer his education benefits in the Fall of 2009 (MILCONNECT...
ARMY | BCMR | CY2012 | 20120013646
The applicant requests, in effect, correction of his records to show he elected to transfer his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. A Soldier must initially request to transfer benefits on the DOD TEB online database. However, there is no evidence of record and he provided no evidence which shows he attempted to transfer his Post 9/11 GI Bill benefits to his dependents other than his daughter (Michelle)...
ARMY | BCMR | CY2014 | 20140009851
HRC advised that when the applicant elected to transfer his Post 9-11 GI Bill benefits to his eligible dependents, he was assigned a service obligation date of 18 August 2011. The milConnect website and his approval letter both informed him that he had a service obligation date through 18 August 2011. The applicant agreed to serve through 18 August 2011.
ARMY | BCMR | CY2015 | 20150000336
The applicant requests correction of his records to show the date of his transfer of education benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his dependents as 31 July 2012. For those individuals who had an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service was required. Military Personnel Message Number 13-102, dated 15 April 2013, subject: Post-9/11 GI Bill TEB 4-Year Service Obligation for Approved...
ARMY | BCMR | CY2014 | 20140004202
The applicant requests an exception to policy to transfer his unused education benefits to his family members under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The website did not provide any indication that he submitted a request to transfer his benefits. There is insufficient evidence that shows the applicant submitted a request to transfer the education benefits to his family member(s) while on active duty and/or in the Selected Reserve.
ARMY | BCMR | CY2015 | 20150002926
He was aware of the 1 August deadline to submit the request to transfer benefits to his daughter and was under the impression that he had completed all required actions. He served for 30 years and just wants to transfer education benefits to his daughter. The applicant was fully eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to retirement.
ARMY | BCMR | CY2013 | 20130001905
The applicant requests correction of his records to show his educational benefits were transferred to his eligible family members in a timely manner in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant states he completed an online request in 2009 to transfer his Post-9/11 GI Bill benefits to his two children. He provides an unsigned and undated letter from Senator C____ addressed to the VA stating the applicant recently received...
ARMY | BCMR | CY2013 | 20130016484
The applicant, the spouse of a former service member (FSM), requests correction of the FSM's record to show he transferred his Post 9/11 GI Bill education benefits to his children prior to his retirement. The available evidence does not support the applicant's request for correction of the FSM's record to show he submitted a timely application to transfer his Post-9/11 GI Bill education benefits to his dependents. In the absence of evidence indicating the FSM was unfairly deprived of the...
ARMY | BCMR | CY2015 | 20150000172
The available evidence shows the applicant was fully eligible to transfer his educational benefits under the TEB provision of the Post -9/11 GI Bill prior to retirement, and in fact, he attempted to transfer his education benefits in the TEB website on 21 July 2010. His retirement date was 31 August 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant properly completed and submitted his...
ARMY | BCMR | CY2014 | 20140001461
The applicant provides no additional evidence. The available evidence does not support the applicant's request for correction of his record to show he submitted a timely application to transfer his Post-9/11 GI Bill education benefits to his dependents. In the absence of evidence indicating the applicant was unfairly deprived of the opportunity to apply for TEB prior to retiring, there is an insufficient basis upon which to grant the requested relief.