BOARD DATE:	  6 March 2014

		DOCKET NUMBER:  AR20140002363 


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 approval to transfer her Post-9-11 GI Bill educational benefits to her son under the Transfer of Education Benefits (TEB) provision of the Post-9-11 GI Bill.

2.  The applicant states: 

	a.  She was unable to transfer her Post 9-11 GI Bill educational benefits to her son, T____, because he turned 23 years old 6 days prior to the date she submitted the request.  However, she spent the previous 3 weeks trying to submit the application and trying to get on the military connect website which caused significant delays.  Each computer she used stated the browser was unsupported.  When she finally got through, it was 6 days after his 23rd birthday.

	b.  The information she received from the Post 9-11 GI Bill personnel was incorrect.  They stated her son could use the benefit until he was 26 years of age.  She now understands that is only partially correct and that he can use it until 26 years of age, but she had to make the transfer of months to him while he was 22 years old.  She feels she should be allowed to transfer her education benefits to her son.  She does not believe she should be penalized for the difficulty she went through to get on the site and because he only recently had his 23rd birthday.

3.  The applicant provides Department of Veterans Affairs (VA) Form 22-1990e (Application for Family Member to Use Transferred Benefits) and VA Form 22-1990 (Application for VA Education Benefits), both dated 15 January 2014.
CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a U.S. Army Reserve (USAR) second lieutenant on 6 May 1986.  She served in staff and leadership positions in an active and Reserve status and attained the rank/grade of colonel (COL) on 21 October 2009.  She is currently serving in the USAR and is assigned to Headquarters and Headquarters Company, 518th Sustainment Brigade, Troop Program Unit, Knightdale, NC.

2.  She provides a VA Form 22-1990e, dated 15 January 2014, wherein she applied for her son, T____, to use transferred education benefits.  On this form she stated:

* her son's date of birth (DOB) was 22 January 1991
* he had attended the University of Texas, San Antonio, TX, from 20 August 2009 to 10 December 2010, and Texas A&M University, Killeen, TX, from 20 January 2011 to 10 December 2013
* he was attending the University of Mary Washington, Fredericksburg, VA, as of 6 January 2014

3.  A review of her records shows that on 29 January 2014 the applicant called the U.S. Army Human Resources Command (HRC) to inquire about transferring her education benefits to her son under the Post 9-11 GI Bill.  The HRC official informed her that "Children lose eligible dependent status upon turning age 21, or at marriage.  Eligible dependent status could be extended from age 21 up to a dependent's 23rd birthday only if the child was enrolled as a full-time student and unmarried (verified by the Defense Enrollment Eligibility Reporting System (DEERS)).  Since her child was already 23 and did not have TEB prior to his 23rd birthday, her child was defined as enrolled in DEERS but ineligible for TEB."

4.  The TEB online database shows the applicant transferred 36 months (the maximum allowed) of her education benefits to her daughter, E____.  The specific date she made the transfer is unknown.

5.  Public Law 110-552 establishes legal limitations on the transferability of unfunded Post-9-11 GI Bill benefits and limits eligibility to 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.  A Soldier must be currently on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her family members.  

	b.  A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer to eligible children.  

	c.  A Soldier may only transfer to eligible family members.  To be considered an eligible family member, the spouse or child must be enrolled in the DEERS benefits.  Children lose eligible family member status upon turning age 21 or at marriage.  Eligible family member status can be extended from age 21 to age 23 only if the child is enrolled as a full-time student and unmarried, verified by DEERS.  Wards of State are not eligible for the benefits.  Once the benefits are transferred, children may use the benefits up to age 26.  

	d.  Changes to the amount of months allocated to dependents can be made at anytime, to include once you leave military service, provided the service member allocates at least 1 month of benefits prior to separation.

	e.  A Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless he or she left the service during the implementation phase (first 90 days) of the program.  The Army, Department of Defense (DOD), and 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.  

	f.  A Soldier must initially request to transfer benefits on the DOD TEB online database.  Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for VA access.  The respective dependent must then submit an application for VA educational benefits, VA Form 22-1990e, to request to use the benefits.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant's son's DOB was 22 January 1991 and he turned 23 years of age on 22 January 2014.  The evidence of record also shows the applicant transferred 36 months of her education benefits to her daughter, E_____.  

2.  Although eligible family member status can be extended from age 21 to age 23 if they are a full-time student and unmarried, there is no evidence that shows the applicant ever submitted a request through TEB to transfer education benefits to her son under the Post 9-11 GI Bill.  

3.  As she had not transferred benefits to him under TEB, she was not able to process the VA Form 1990 on 15 January 2014.  On 29 January 2014, when she inquired to HRC about transferring her education benefits under TEB, her son had already reached 23 years of age and she was not able to do so.  

4.  In addition, even if her son had been 22 years of age at the time, TEB would not have allowed her to transfer benefits to another dependent until she had reduced the 36 months she allocated to her daughter E_____ to a lesser amount.

5.  Notwithstanding her sincerity that she was unaware of the requirement to transfer benefits under TEB to her son prior to age 23, DOD, the VA, and the Army conducted a massive public campaign plan that generated major communications through military, public, and social media venues.  The information was published well in advance with emphasis on the criteria.  While there may have been some confusion during the early stages after the implementation, she did not inquire to HRC about transferring her education benefits under TEB to her son until 29 January 2014, well over 4 years after the program was implemented.

6.  The requirement to transfer the benefits under TEB while a family member is in an eligible status is embedded in the law and a change to this law is not within the purview of this Board.  As the applicant failed to transfer the benefits to her son prior to his 23rd birthday, as required by law, there is an insufficient evidentiary basis for granting her 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)                                         AR20140002363





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ABCMR Record of Proceedings (cont)                                         AR20140002363



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