IN THE CASE OF:	  

		BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20140000824 


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 to transfer educational benefits under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill to his family members.

2.  The applicant states, in effect, he transferred education benefits to his youngest daughter under the TEB provision of the Post 9/11 GI Bill before he retired in 2010.  Unfortunately, for some unknown reason, she was deleted from the Defense Enrollment Eligibility Reporting System (DEERS), TRICARE, and the Post 9/11 GI Bill systems.  His daughter was entered back into all these systems after the error was discovered.  However, now the Post 9/11 GI Bill website shows his wife received the full benefit and his daughter received none.  The applicant was told he could not transfer any benefits to youngest child even though she had been deleted out of the system due to some technical error within the system.  The applicant did everything he was supposed to before retiring and because of some failure in the system his family member is not able to use the benefits he earned.  All the applicant wants is to be able to transfer benefits to his youngest child before she starts college in the fall of 2014.

3.  The applicant provides a page from the Department of Defense (DOD) TEB online database, dated 3 January 2014.





CONSIDERATION OF EVIDENCE:

1.  On 30 November 2010, the applicant retired from the Regular Army due to sufficient service for retirement in the rank/grade of sergeant first class/E-7.  He completed 20 years, 7 months, and 18 days of creditable active service.

2.  His record contains a DD Form 93 (Record of Emergency Data), dated 
7 December 2009.  This form lists his spouse's name as TDH, his eldest daughter's name as DCH, and his youngest daughter's name as AKH.

3.  He provided a page from the TEB online database which shows his wife, TDH, was listed as receiving the full 36 months of educational benefits under the Post 9/11 GI Bill.  His eldest daughter's name was also listed as receiving zero months.  His youngest daughter's name was not listed.

4.  On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members.  The policy states any member of the Armed Forces on or after 1 August 2009, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, and meets other specified service criteria is eligible for the Post-9/11 GI Bill.

5.  Public Law 110-252, section 3020, 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.  A Soldier must be on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his/her family members.

6.  Changes to the amount of months allocated to family members can be made at any time, to include once a service member leaves military service, provided the member allocates at least 1 month of benefits prior to separation.  If the service member allocates zero months and subsequently leaves military service, he or she is not authorized to transfer unused benefits.

7.  The DOD, Army, and the Department of Veterans Affairs (VA) initiated a massive public campaign plan that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent transfer of educational benefits.





DISCUSSION AND CONCLUSIONS:

1.  The applicant was fully eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to retirement.  However, the evidence of record shows that, for whatever reason, he only transferred the benefits to his wife; he did not transfer any educational benefits in the TEB online database to either of his daughters.  

2.  Changes to the number of months allocated to family members cannot be made unless the service member allocates at least 1 month to each eligible family member.  If the service member allocates zero months and subsequently leaves military service, he or she is not authorized to transfer unused benefits.

3.  He has not provided sufficient evidence to show he added all of his eligible dependent's into the TEB database prior to or at the time of retirement and allocated his youngest daughter at least 1 month of his educational benefit or that his daughter was erroneously deleted from DEERS.

4.  Notwithstanding his sincerity, DOD, the VA, and the Army conducted a massive public campaign plan that generated major communications through military, public, and social media venues.  The program was implemented on 
1 August 2009.  The applicant retired on 30 November 2010.  The information was published well in advance with emphasis on the criteria.  

5.  The requirement to transfer the benefits while a member is on active duty is embedded in the law and a change to this law is not within the purview of this Board.  As the applicant did not transfer or verify the transfer of his benefits to his youngest daughter while serving on active duty as required by law, there is an insufficient evidentiary basis for granting his 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)                                         AR20140000824



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ABCMR Record of Proceedings (cont)                                         AR20140000824



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