IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140001986
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 correction of his records to show he elected transfer of his educational benefits to his dependents under the Post-9/11 GI Bill transferability provision.
2. The applicant states, in effect:
a. prior to his retirement in 2012, he applied for the Post-9/11 GI Bill on
14 September 2009 for his dependents. He recently checked his records and discovered both his childrens names were not listed.
b. his wife called and was told they were not eligible due to the fact that their names were not listed.
c. he believes this is an error due to the fact he applied for the program in 2009 when the program was implemented.
d. he served 23 years in the military and he made sure that his dependents were in the program.
3. The applicant provides:
* Post-9/11 GI Bill approval document
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. The applicant provides a Department of Defense (DOD) Transfer of Education Benefits (TEB) document, dated 14 September 2009, which shows he listed his wife and two dependents under the Educational Benefit Program and this request was approved. This document also shows he transferred 5 months to his spouse and 0 months to his two dependents.
2. After completing over 23 years of creditable active service, the applicant retired on 31 July 2012 in the rank of sergeant first class.
3. Information obtained from an official at the GI Bill, Finance and Incentives Branch, U.S. Army Human Resources Command, Fort Knox, KY, revealed the applicant didn't assign months to his dependent children; therefore, the Department of Veterans Affairs (VA) will not approve any request for TEB usage for the dependent children.
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 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.
5. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, document accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.
6. DOD, the Army, and the 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.
7. In similar cases, the Department of the Army Office of the Deputy Chief of Staff, G-1, recommended administrative relief for applicants who left military service within 90 days of implementation of the program.
DISCUSSION AND CONCLUSIONS:
Since the applicant requested TEB within the first 90 days after the Post 9/11 GI Bill transferability provision's implementation, it is reasonable to presume he didn't know to transfer at least one month to his dependents. Therefore, it would be appropriate to correct his military records to show he elected to transfer educational benefits to his eligible family members under the Post-9/11 GI Bill transferability provision prior to his retirement date on 31 July 2012.
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 he elected to transfer educational benefits to his eligible family members under the Post-9/11 GI Bill transferability provision prior to his retirement date on 31 July 2012, provided all other program eligibility criteria are 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) AR20140001986
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ABCMR Record of Proceedings (cont) AR20140001986
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