IN THE CASE OF:  	  

		BOARD DATE:  16 October 2014	  

		DOCKET NUMBER:  AR20140003617 


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 to transfer his Post-9/11 GI Bill educational benefits to his dependent(s).

2.  The applicant states that he received his "20-Year Letter" on 2 October 2002 and chose to continue to serve his country.  He was ordered to active duty as a member of the U.S. Army Reserve (USAR) Individual Ready Reserve (IRR) and deployed in support of Operation Iraqi Freedom (OIF) with the 287th Combat Support Battalion (Sustainment), Kansas Army National Guard (ARNG) from 
31 August 2008 to 3 November 2009.

   a.  His daughter (Callie) started her first year of middle school during his deployment and experienced difficult times socially and academically.  She sought and still receives assistance with mental health professionals.  Due to her problematic years in public middle school, she sought to attend private school at Archbishop Williams High School (AWHS).  She studied hard and got accepted.
 
   b.  While deployed, he organized the 2009 Boston Marathon in Iraq and trained many Soldiers for the event.  He raised over $4,000 for "Homes for Our Troops" to build adaptive houses for wounded veterans at no cost to them.  

   c.  He was selected to convoy to a village school and teach the local students.  After his deployment, he became a certified substitute teacher.

   d.  In August/September 2009, his unit was preparing to redeploy and there was informal information about the New GI Bill being enacted in August.  He understood that he qualified based on his time in Iraq and that he could transfer all of his benefits to his daughter.  This was welcome news to him and his family.

   e.  He was released from active duty (REFRAD) and returned to IRR status.  After a few months, he joined the Massachusetts ARNG (MAARNG).  On 6 May 2011, he asked his first sergeant (1SG) about the retirement process.  She provided him guidance and he submitted his request.  The 1SG did not discuss any retention or retirement benefits, or penalties associated with retirement.

   f.  He states that the new GI Bill is intended to be a retention tool.  However, individuals who were eligible for retirement before 1 August 2009 were not required to perform any additional years of service.  In his case, he became eligible for retirement on 2 October 2002.

   g.  In 2013, he attempted to transfer his educational benefits, but was denied because he was not in a drilling status.  He states that if he had known this was the rule, he would have transferred the benefit while he was on active duty in Iraq or while serving with the MAARNG.

   h.  He notes in the 1 April 2013 edition of the Army Times, the Department of Veterans Affairs (VA), Deputy Undersecretary for Economic Opportunity stated, "The Post-9/11 GI Bill has well over 2,000 business rules in there."  He adds, "It has always been my sole intention to transfer the benefit to Callie."

   i.  His daughter is now a junior at AWHS and enrolled in college-prep courses.  She is a member of the National Honor Society and also the captain of the cheerleading team.  They are also currently in the "college search" process.

   j.  He respectfully requests his records be corrected to show he transferred his Post-9/11 GI Bill educational benefit to his daughter.

3.  The applicant provides copies of the following documents in support of his application –

* 20-Year Letter
* 113th Boston Marathon Certificate
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* retirement orders and certificate
* VA Certificate of Eligibility


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ARNG of the United States (ARNGUS) on 
24 July 1981.  He subsequently enlisted in the USAR on 21 March 1989.

2.  He was promoted to sergeant first class/pay grade E-7 on 20 August 2001.

3.  On 2 October 2002, the Director, Personnel Actions and Services, U.S. Army Human Resources Command, notified the applicant that his eligibility for retired pay had been established upon attaining age 60 (a 20-Year Letter).

4.  He was ordered to active duty in support of OIF on 31 August 2008.  He served in Iraq from 17 November 2008 to 19 September 2009.

5.  A DD Form 2648-1 (Preseparation Counseling Checklist for Reserve Component Service Members Honorably REFRAD) shows the applicant received preseparation counseling on his educational benefits at Fort McCoy, WI, on 
22 September 2009.

6.  A DD Form 214 shows the applicant was honorably REFRAD on 3 November 2009 and transferred to the USAR Control Group (Reinforcement). 

7.  He enlisted in the ARNGUS and MAARNG on 30 December 2009.

8.  An NGB Form 22 shows the applicant was honorably discharged from the ARNGUS and MAARNG on 7 May 2011 and transferred to the USAR Control Group (Retired Reserve).  He had completed 29 years, 9 months, and 14 days of total service for pay and 27 years, 9 months, and 14 days of total service for retired pay.

9.  A review of the applicant's military personnel records failed to reveal any evidence of a request to transfer educational benefits (TEB) to any of his family members.

10.  In support of his request the applicant provides the following documents:

* 113th Boston Marathon certificate that shows the applicant completed and placed fourth in the Boston Marathon in Iraq on 20 April 2009
* VA , Buffalo Regional Office, Buffalo, NY, letter, dated 6 March 2013, subject:  Certificate of Eligibility, that shows the applicant is entitled to benefits for an approved program of education or training under the 
Post-9/11 GI Bill
* a one-page document from the milConnect website (TEB, Frequently Asked Questions), printed on 28 March 2013, that shows, in part – 

* Question 1 (Am I eligible to transfer my education benefits?), handwritten markings that identify the criteria establishing the applicant's eligibility to transfer his education benefits.
* Question 2 (What are the steps for transferring my education benefits to my dependents?) – Answer:  Visit the 'Submitting a Transfer Request' reference document available from the milConnect splash page under 'How to Submit a Transfer Request (TEB),' or click here.
* Question 4 (Can I transfer my education benefits if I have separated/retired from the Service?) – Answer:  Only veterans who are currently serving on active duty or in the Selected Reserve can transfer benefits to eligible members.  Once the Defense Enrollment Eligibility Reporting System (DEERS) reflects that you have separated or retired from Service, you will no longer be able to initiate the transfer of benefits to your family member(s).  If you have already initiated action to transfer you benefits, you can still view and modify your request.

11.  Public Law 110-252 (Supplemental Appropriations Act, 2008) provides the authority for members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 to transfer unused educational benefits to eligible family members.  The Public Law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic educational assistance under this chapter to elect to transfer entitlement to unused educational benefits to one or more of the specified family members.

	a.  An eligible individual is any member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, has completed at least:

		(1)  6 years of service in the Armed Forces and enters into an agreement to serve at least 4 more years as a member of the Armed Forces; or

		(2)  the years of service as determined in Army regulations and established by the Secretary of the Army.


	b.  An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement, as follows:

		(1)  to the individual's spouse;

		(2)  to one or more of the individual's children; or

		(3)  to a combination of the individuals identified above.

   c.  Provided the service member allocates at least 1 month of benefits to an eligible family member prior to separation, changes to the amount of months allocated to eligible family members can be made at any time, to include after leaving military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he elected to transfer his Post-9/11 GI Bill educational benefits to his dependent daughter because he was not properly counseled on the transfer of his educational benefits prior to his retirement from military service.

2.  The sincerity of the applicant's comments is not in question.  However, a 
DD Form 2648-1 shows he received counseling on his educational benefits on
22 September 2009, which was after the implementation of the Post-9/11 GI Bill and prior to both his REFRAD (on 3 November 2009) and retirement from the ARNGUS/MAARNG (on 7 May 2011).  He provides no documentary evidence that shows he was improperly counseled regarding the transfer of his Post-9/11 GI Bill benefits.

3.  The evidence of record fails to show that the applicant attempted to access the milConnect website to transfer his Post-9/11 GI Bill educational benefits to his dependent(s) prior to his transfer to the Retired Reserve on 7 May 2011.
In fact, he acknowledges he did not attempt to transfer his benefits until 2013.

4.  The applicant was fully eligible to transfer his educational benefits under the TEB prior to retirement, but he did not do so.

5.  Thus, the applicant retired from military service without transferring his educational benefits.  By law he is no longer eligible to transfer his benefits.

6.  In view of the foregoing evidence, 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 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)                                         AR20140003617



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ABCMR Record of Proceedings (cont)                                         AR20140003617



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