IN THE CASE OF:	  

		BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140004386 


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 to transfer education benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his daughter.

2.  The applicant states:

	a.  he submitted a DA Form 4187 (Personal Action) along with his Enlisted Record Brief (ERB), profiles, and disability separation order to TEB to his daughter, based on the advice of SSG L_____, his retention noncommissioned officer in charge (NCOIC); 

   b.  the retention NCOIC understood he was unable to use his education benefit because he was undergoing a medical evaluation board (MEB) process and that it would be in his best interest to transfer his Post -9/11 benefits;
   
   c.  although the retention NCOIC indicated he would immediately notify him of the results of his request, he never heard from him again; and

	d.  while his daughter received her acceptance to Georgia State University, he fears she will be unable to attend because the retention NCOIC did not perform the duties entrusted in him.

3.  The applicant provides no additional documents.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service, the applicant enlisted in the Regular Army on 
6 January 2005.  He served in military occupational specialty 88M as a motor transport operator and attained the rank/grade of sergeant (SGT)/E-5.

2.  On 14 May 2013, Headquarters, U.S. Army Garrison, Fort Bliss published official orders ordering his release from active duty and placement on the Temporary Disability Retired List (TDRL) effective 24 May 2013.

3.  The applicant's official military personnel file (OMPF) contains a
DD Form 2648 (Pre-separation Counseling Checklist) which shows he marked the "YES" box under block 14 (Education Benefits) to indicate he received counseling on his Post -9/11 GI Bill Chapter 33 education benefits.  He authenticated this document with his signature on 23 May 2013.

4.  On 23 May 2013, the applicant retired from active duty and was placed on the TDRL.  His DD Form 214 shows he completed a total of 12 years, 4 months, and 11 days of creditable active service.

5.  The U.S. Army Human Resources Command (HRC) Soldier Management System -Integrated Web Service shows an official from the Atlanta Department of Veterans Affairs (VA) contacted an HRC official on 19 September 2013, regarding an appeal the applicant filed with their office for TEB eligibility.  The HRC official stated there was no proof of an application in the milConnect website and provided the VA representative with information to relay to the applicant to apply to this Board.

6.  On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education benefits to eligible family members.  The policy states 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 from 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.

7.  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 and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.

8.  A Soldier must initially request to transfer benefits on the Department of Defense’s TEB online database.  The TEB online database was operational 29 June 2009.  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 education benefits, VA-Form 22-1990e, to request to use the benefits.  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 one month of benefits prior to separation.  If the service member allocates zero months, and subsequently leaves military service, they are not authorized to transfer unused benefits.  

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence that shows the applicant submitted a request to transfer the education benefits to his daughter while on active duty.  It appears the Atlanta VA went to an effort to confirm if and when the applicant submitted a request to transfer the benefits on the TEB website.  However, no evidence of a submission was found.

2.  The DOD, 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, the applicant retired well after the program was implemented.

3.  The applicant's service and his sincerity are not in question.  However, as the applicant had been on active duty since the program was implemented in August 2009 he had plenty of time to submit his application and/or to verify his 
application was submitted in the proper manner.  There is no evidence he exercised due diligence.  The applicant had access to information regarding the requirement to request TEB through the DOD TEB online database.  He did not do so.  There is neither an error nor an injustice in his case.

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)                                         AR20140004386





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004386



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1