BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20140004580 


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 the date he transferred his education benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his dependents be changed to 12 May 2010.  He requests his active duty service obligation (ADSO) be computed from this date.

2.  The applicant states he received assistance from a civilian employee at the Fort Wainwright Education Center, Fort Wainwright, AK in converting to the Post 9/11 GI Bill and transferring his GI Bill benefits to his children.  He designated his children to receive benefits, entered the amount of months for each and clicked submit.  They then clicked print so he would have a copy for his records.

	a.  During the period October to December 2013 his Nurse Case Manager showed him the website to check the status of his TEB for his children.  He believed he had already transferred his benefits to his children and was only searching out the website to get evidence of the transfer.

	b.  After his discharge from the hospital, he located the printout he received at Fort Wainwright in 2010.  On 20 February 2014, he logged on the website and found the number of months of benefits fields next to each of his children's names were "0."  He corrected the number to show what he designated in 2010, 11 months for his son and 12 months for each of his daughters.

	c.  He received an email, dated 21 February 2014, from the U.S. Army Human Resources Command (HRC) stating his TEB had been approved and established his ADSO as 19 February 2018.
	d.  On 21 February 2014, he sent an email to Master Sergeant (MSG) O'N____ at the Finance and Incentives Branch, Army Continuing Education Division, HRC.  MSG O'N____ told him his 2010 request was not successfully submitted because his screenshot showed that the box at the top of the screen "Post-9//11 GI Bill Chapter 33" was not checked.  

 3.  The applicant provides:

* a screen shot, dated 12 May 2010, of his TEB request
* three emails, dated 21 February 2014, between the applicant and HRC
* his Officer Record Brief
* his Defense Finance and Accounting Service Military Leave and Earnings Statement

CONSIDERATION OF EVIDENCE:

1.  He previously completed 5 months of active service in the Regular Army in an enlisted status as a warrant officer (WO) candidate.  On 31 October 1995, he was appointed a WO1 in the Regular Army.

2.  He submitted a screen shot of his TEB request to transfer his education benefits to his three children.  

	a.  At the very top it states "Election Type of Post-9/11 GI Bill Chapter 33 is required."

	b.  At the top of the screen there is a box "Post-9/11 GI Bill Chapter 33."  This box is unchecked.

	c.  The request shows he was transferring 12 months to each of his two daughters and 11 months to his son.

	d.   At the bottom it shows this screen shot was printed on 12 May 2010.

3.  An email, dated 21 February 2014, from Mr. F_______, HRC notified the applicant his request to transfer Post 9/11 GI Bill benefits to his eligible dependent(s) was approved with an incurred service obligation until 19 February 2018.

4.  An email, dated 21 February 2014, from the applicant to Mr. F_______ and MSG O'N____ explained that as far as he knew he had requested a TEB back in May 2010.  Due to a change in assignments, including a deployment to Afghanistan, he was unable to check his TEB status until February 2014.  When he gained access to the website he corrected the number of months from zero to the number of months he had entered on 12 May 2010.  However, this was now treated as a first request when approved and he was assigned an ADSO of 
19 February 2018.

5.  An email, dated 21 February 2014, from MSG O'N____ at HRC notified the applicant he had recourse to request having his ADSO adjusted based on his 2010 request through the Army Board for Correction of Military Records (ABCMR).  MSG O'N____ stated it was likely his 2010 request was not successfully submitted because his screenshot shows the box at the top of the screen, "Post-9/11 GI Bill Chapter 33," was not checked.  At the very top it stated that "Election Type of Post-9/11 GI Bill Chapter 33 is required."  This was the only error message showing at the time, and obviously led to confusion by Soldiers believing that they had submitted a request.

6.  Department of Defense Directive-Type Memorandum (DTM) 09-003, dated 
22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members.  

	a.  Eligible individuals include a 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, 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.

	b.  An individual approved to transfer entitlement to educational assistance may transfer such entitlement to the individual's family member(s) only while serving as a member of the Armed Forces.

	c.  A family member must be enrolled in DEERS and be eligible for benefits at the time of transfer to receive transferred educational benefits.

	d.  An individual may add new dependents, modify the number of months of the transferred entitlement for existing dependents, or revoke transfer of entitlement while serving in the Armed Forces.

DISCUSSION AND CONCLUSIONS:

1.  The printout of the screenshot he provided shows he attempted to transfer his education benefits to his three children on 12 May 2010.  He was on active duty at the time and he had at least 6 years of active duty.  Therefore, he was eligible to transfer benefits to his dependents and he clearly showed intent to do so.
2.  Based on the email from MSG O'N____, dated 21 February 2014, confusion by Soldiers believing they had submitted a request was not uncommon.  Therefore, it would be equitable to correct his records to show he filed his application to transfer his educational benefits to his children on 12 May 2010, it was approved by the Army, and to change his ADSO to 12 May 2014.

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 filed his application to transfer his educational benefits to his children on 12 May 2010, the application was approved by the Army in a timely manner, and changing his ADSO to 12 May 2014.




      _______ _   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)                                         AR20140004580





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ABCMR Record of Proceedings (cont)                                         AR20140004580



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