IN THE CASE OF: 

		BOARD DATE: 21 October 2014

		DOCKET NUMBER:  AR20140004739

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, correction of his military records to show he is authorized to transfer his Post -9/11 GI Bill benefits to his eligible dependent(s).

2.  The applicant states he was retired in December 2009 from the Army due to physical disability.  He contends that he met the requirements for transferring his educational benefits (TEB) but was not informed about the program.  He was in the Wounded Warrior Program receiving treatment for injuries received while on active duty.  If he had known about having to be on active duty he would have applied prior to retirement.  He feels this ruling is unjust.

3.  The applicant provides four pages of news and information sheets from the web concerning sign-up for Post -9/11 TEB.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he entered active duty on 3 May 2007 as staff sergeant, pay grade E-6, United States Army Reserve (USAR).  He had about 
9 1/2 years of prior active service.

2.  On 27 December 2009, the applicant was retired due to a physical disability.  He completed 2 years, 7 months, and 25 days of creditable active duty service during this period.  He had a total of about 12 years and 1 month of active service and 20 years and 2 months of prior inactive service.

3.  Public Law 110-252 limits the eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or are members of the Selected Reserve on or after 1 August 2009.

	a.  A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer to eligible children.

	b.  A Soldier may only transfer benefits to eligible family members.  To be considered an eligible family member, the spouse or child must be enrolled in the Dependent Eligibility Enrollment Reporting System (DEERS) and be eligible for DEERS benefits.

	c.  A Soldier must also agree to serve the prescribed additional service obligation based on the time the Soldier had in service on 1 August 2009.

	d.  A Soldier must have no adverse action flag and have an honorable discharge to transfer the benefits.

	e.  A Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless he or she left the service during the implementation phase (first 90 days) of the program.

	f.  A Soldier must initially request to transfer benefits on the DOD TEB online database.  The TEB online database was operational in 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 educational benefits via a 
VA Form 22-1990e to request to use the benefits.

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

5.  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.  A Soldier must meet two criteria to qualify to transfer benefits to an eligible dependent:

	a.  be a Soldier on active duty or a member of the Selected Reserve at the time of the transfer (provided Soldier does not have an adverse action flag) and 

	b.  have at least 6 years of qualifying service in the Armed Forces (Active Duty and Selected Reserve) and agree to serve at least 4 additional years from the date of request, unless retirement eligible.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his military records should be corrected to show he is authorized to transfer his Post -9/11 GI Bill benefits to his eligible dependent(s) because he was retired in December 2009 from the Army due to physical disability and was not informed about the program.

2.  DOD established the criteria for the TEB provision of Post-9-11 in 22 June 2009.  On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.  Therefore, this information would have been available to the applicant at the time he was in the Wounded Warrior Program.

3.  The evidence of record shows the applicant was fully eligible to transfer his education benefits under the TEB prior to his retirement.  However, there is no available evidence showing that the applicant attempted to make this transfer at any time prior to his retirement date of 27 December 2009, and he provides insufficient evidence to show he was not informed about the program.

4.  The applicant's date of retirement was more than 90 days after the implementation of the program; therefore, his argument of not knowing about the TEB program is not sufficiently convincing by itself and does not provide an acceptable basis for granting relief in this case.

5.  In view of the above, the applicant's request should be denied.

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)                                         AR20100014880



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ABCMR Record of Proceedings (cont)                                         AR20140004739



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