IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20140004730
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, in effect, an exception to policy of the Transfer of Education Benefits (TEB) under the provisions of Post-9/11 GI Bill by changing his obligation date from 31 August 2015 to 31 January 2015.
2. The applicant states:
a. He is requesting his obligation date be changed from 31 August 2015 to 31 January 2015. He will have served 25 years, 5 months, and 2 days as of 31 January 2015.
b. They were briefed on the Post-9/11 GI Bill and the options to transfer to whom they chose. After completing the paperwork his career counselor advised him that everything was good to go. At that time he had already served 20 years of active duty. He was also advised that he qualified for the transfer with no additional service obligation required.
c. After he decided to submit his retirement packet he began inquiring about his transferring his Post-9/11 benefits to his daughter. The telephoned the Department of Veterans Affairs (VA) and was advised they had nothing on file and to complete the online form from their website. After completing the form the approval came the same day. When he telephoned the VA he was told it was approved with an obligation date of 31 August 2015. He explained to them that he had submitted his retirement for 31 January 2015. The VA then provided him with a link to the Army Continuing Education Division at Fort Knox, KY. He emailed them and was advised that his transfer was approved with an obligation date of 31 August 2015.
d. He telephoned the Army Continuing Education Division and explained that in 2009 he requested the transfer and it was approved. He also sent them the VA Form 22-1990 (Application for VA Education Benefits) which was completed by his career counselor. The Army Continuing Education Division reviewed the form and later advised him that they could not approve a backdated transfer and if he believed he was eligible to request a correction through the Army Board for Correction of Military Records (ABCMR).
e. The Army Continuing Education Division also stated that in 2009 there was no Milconnect website available so they were unable to review any action beyond 2010 when the system came online. They further advised that when he submitted the form online his records did not show an approved retirement date which was why the obligation date set as 31 August 2015. He submitted for retirement on 5 January 2014. On 10 March 2014, he received his DA Form 2339 (Application for Voluntary Retirement). He signed the form and returned it to his retirement services office at Fort Myers, VA.
3. The applicant provides a copy of his VA Form 22-1990 and approval memorandum.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 29 August 1989. On 19 December 2002, he reenlisted in the RA for an indefinite period of service. He was promoted to sergeant first class (SFC), E-7, on 1 January 2005.
2. On 29 January 2014, he completed a DA Form 4187 (Personnel Action) requesting voluntary retirement in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12, with an effective date of 31 January 2015.
3. He provides copies of the following:
a. VA Form 20-1990, undated, wherein he requested his Post-9/11 Post GI Bill benefits be transferred to his daughter.
b. A memorandum, dated 29 January 2014, wherein he was advised of the approval of his 28 January 2014 request to transfer his Post-9/11 GI Bill benefits to member(s) of his immediate family; the memorandum stated his transfer status date was 29 January 2014 and his obligation end date was 31 August 2015.
4. On 7 March 2014, his completed a DA Form 2339 (Application for Voluntary Retirement) with a desired retirement date of 31 January 2015.
5. In a memorandum, dated 14 March 2014, the Chief, Enlisted Retirements and Separations, HRC, advised the applicant's command of the denial of his retirement request. The memorandum stated he had a Selected Reserve Retirement for Post-9/11 GI Bill benefits transfer until 31 August 2015.
6. The Soldier Management System, located on the HRC Integrated Web Service, shows on 27 February 2014 he was notified by HRC that they could not approve a backdated Post-9/11 transfer.
7. Army Regulation 635-200, sets the policy for the separation of enlisted Soldiers from active duty. Chapter 12 sets the policies and procedures for voluntary retirement of Soldiers because of length of service and governs the retirement of Soldiers (Active Army, Army National Guard, and Army Reserve) who are retiring in their enlisted status. The Commander, HRC, may approve, disapprove, or delay the requested retirement date of Active Army Soldiers in the grade of staff sergeant (permanent) and above.
8. On 22 June 2009, the Department of Defense (DoD) established the criteria for eligibility and transfer of unused educational 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 served 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 1 August 2009 through 13 August 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active service or 20 qualifying years of Reserve service; and
d. transfer requests are submitted and approved while the member is in the armed forces.
9. Under current Army Post-9/11 GI Bill policy HRC will be allow to adjust the TEB service obligation for those with a mandatory retirement date or retention control point before the 4-year TEB service obligation. The Army is revising this policy; however, it is still in draft form and not final yet.
DISCUSSION AND CONCLUSIONS:
1. On 28 January 2014, the applicant completed and submitted a VA Form 22-1990 requesting to transfer his Post-9/11 GI Bill benefits to his daughter. On 29 January 2014, he was advised this request was approved with an obligation date of 31 August 2015. On 27 February 2014, HRC advised him that they could not approve a backdated transfer. On 7 March 2014, he submitted a request for voluntary retirement with a desired date of 31 January 2015. On 14 March 2014, this request was disapproved.
2. There is no evidence and he did not provide sufficient evidence he was unjustly or erroneously denied an adjustment of his obligation date of 31 August 2015. Based on the denial of his request to retire on 31 January 2015, HRC, under current Army Post/11 GI Bill , can approve his TEB request. If he chooses to retire before 31 August 2015, he will lose TEB. Fulfilling his TEB service obligation to that date will keep his TEB.
3. There is neither an error nor an injustice in his transfer of benefits processing. Therefore, he is not entitled to the 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) AR20140004730
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