BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140002505
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 of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to her dependent child, J---- M. S--------.
2. She states she retired from active duty on 31 August 2009 and was unaware that the benefits had to be transferred while she was still on active duty. Based on the Army Board for Correction of Military Records (ABCMR) Annual Report, she should still be allowed to transfer her benefits without any further requests.
3. She provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) and a letter from the ABCMR with attachments.
CONSIDERATION OF EVIDENCE:
1. The applicant was retired from the Virginia Army National Guard on 31 August 2009 by reason of sufficient service for retirement in the rank/grade of master sergeant (MSG)/E-8. She was transferred to the Retired Reserve on the following day.
2. On 5 November 2012, she applied to the ABCMR requesting transfer of her education benefits to her dependent child. On 13 June 2013, the Acting Director of the ABCMR informed the applicant that she had not exhausted all administrative remedies available to her. The letter stated that there was no evidence that she petitioned the National Guard Bureau to correct her records to show she transferred education benefits to her dependent in a timely manner in accordance with the TEB provision of the Post-9/11 GI Bill. She was advised that if her case was not resolved to her satisfaction, she could resubmit her application to this Board.
3. On 10 February 2014, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau who recommended approval of the applicant's request. The advisory official stated the Soldier gained eligibility for the Post-9/11 GI Bill benefits while she was in the service; however, she did not complete a request to transfer the benefits to her dependent before she left the service. The applicant stated she was unaware her benefits had to be transferred while still on active duty. The applicant's last day of service with the ARNG was 31 August 2009.
a. Public Law 110-252 establishes legal limitations on the transferability of unused Post-9/11 GI Bill benefits. The law 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.
b. The ARNG, Department of Defense, and Department of Veterans Affairs 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 education benefits. Although significant measure were taken to disseminate the information to all Soldiers during the initial phase of the program, many Soldiers who left the service during the first 90 days of the program were not fully aware of the requirement to transfer prior to leaving military service.
c. ARNG, Personnel Programs, Resources and Manpower Division memorandum, dated 26 November 2013, indicates their office reviewed the Soldier's available records and recommends administrative relief for the Soldier.
d. The applicant's last day in military service was 31 October 2009 and she would have been eligible to transfer the benefits if she had done so before she left the service.
4. A copy of the advisory opinion was forwarded to the applicant to allow her the opportunity to submit comments or a rebuttal. She did not respond to the advisory opinion within the allotted time frame.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for approval of TEB under the Post-9/11 GI Bill to her dependent child has been carefully considered and found to have merit.
2. The Post-9/11 GI Bill was implemented on 1 August 2009 and information pertaining to the transferability of entitlements was disseminated down to education counselors at the installation level. However, many Soldiers who left military service during the first 90 days of the program were not fully aware of the requirement to transfer benefits prior to leaving the service.
3. The evidence of record shows the applicant was retired from active duty on 31 August 2009, which is within 90 days of the implementation of the program.
4. Therefore, it would be equitable to correct her records to show she applied to transfer her educational benefits under the Post-9/11 GI Bill TEB Program upon implementation of the program.
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 State National Guard and Department of the Army records of the individual concerned be corrected by showing she filed her application and the Army approved her request to transfer Post-9/11 GI Bill educational benefits to her dependent child prior to her retirement, 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) AR20140002505
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ABCMR Record of Proceedings (cont) AR20140002505
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