BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140005744
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 record to show he transferred his Post -9/11 GI Bill education benefits to his daughter.
2. The applicant states that while on active duty in Iraq in 2009 or 2010 he transferred his education benefits to his daughter. No confirmation was received on the computer used. Upon checking with the Army Reserve Education Assistance on 14 August 2013, he was advised no record of this transaction was displayed. He needs to have this mistake corrected administratively and was advised to submit an application since he is retired. He also states:
a. A person by the name of Tom from the Army Reserve Education advised that the system during the 2009-2010 time frame had a lot of glitches. Often the submissions and applications failed to record and most were lost. He believes he falls into that category of failed submissions.
b. At the time of application, it indicated that he qualified to transfer 36 months of education benefits. He needs these benefits in order to help support his daughter with a college education. She graduated from high school in May 2014 and has been accepted by colleges and universities.
3. The applicant provides copies of
* his July 2010 DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Department of Defense website milConnect for online transfer of education benefits (TEB)
* page 1 of his online application, dated 18 August 2014
* his U.S. Army Reserve (USAR) retirement orders, effective 28 May 2013
* amendment to his USAR retirement orders, effective 7 November 2013
CONSIDERATION OF EVIDENCE:
1. The applicant, a career Reserve Component officer, served on active duty from 23 July 2009 to 22 July 2010, including 10 months and 9 days in Iraq.
2. On 7 November 2013, he retired as a lieutenant colonel with more than 30 years of service.
3. 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, does not have an adverse action flag and 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;
(2) 10 years of service in the Armed Forces on the date of election and cannot commit to 4 additional years due to a Retention Control Point (RCP) or Mandatory Retirement Date (MRD) must commit to serve for the maximum amount of time allowed by either RCP or MRD as of the date of request, regardless of the number of months transferred; or
(3) 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. There is no available evidence that the applicant transferred any educational benefits to a member of his family even though he was eligible to do so for more than 4 years after the TEB program went into effect.
2. Unfortunately, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ __X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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) AR20140005744
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140005744
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140019286
The applicant requests correction of his record to show he transferred his education benefit to his daughter under the Transfer of Educational Benefits (TEB) provision of the Post 9-11 GI Bill. The applicant was eligible to transfer his educational benefits under the Post-9/11 GI Bill transferability program prior to retirement. The applicant was an active member or the USAR when the TEB transfer program came into existence and for about 2 years thereafter.
ARMY | BCMR | CY2015 | 20150001069
The applicant requests correction of his records to show he transferred educational benefits to his wife and children. He contacted milConnect and was informed he needed to submit a request to the Army Board for Correction of Military Records because, at the time he retired, his wife and daughter had 0 months. His son has used 15 months of the benefits and will not be using the remaining 21 months.
ARMY | BCMR | CY2014 | 20140005854
The applicant requests correction of his records to show he elected to transfer his Post-9/11 GI Bill educational benefits to his children. 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. Thus, the evidence of record fails to show the applicant was eligible to transfer his Post-9/11 GI Bill educational benefits.
ARMY | BCMR | CY2011 | 20110007920
A Soldier must be currently on active duty or a member of the Selected Reserves at the time of transfer of education benefits to his or her dependent (on or after 1 August 2009). The applicant in this case had more than 20 years of service upon his retirement, so he was eligible to transfer to either his spouse or children (if he completed the request before leaving military service). He was also eligible to transfer his education benefits to his dependent(s) under the TEB prior to his...
ARMY | BCMR | CY2013 | 20130010867
The applicant states his dependent daughter (Megan) is 22 years old, permanently disabled, totally dependent on others for her self-care, and she will not be able to use any further educational benefits. Because it appears the applicant erroneously requested transfer of benefits to his daughter Megan, who was severely incapacitated, it would be appropriate in this case to correct the applicant's military records to show he elected to transfer a portion of his benefits to his daughter...
ARMY | BCMR | CY2015 | 20150002926
He was aware of the 1 August deadline to submit the request to transfer benefits to his daughter and was under the impression that he had completed all required actions. He served for 30 years and just wants to transfer education benefits to his daughter. The applicant was fully eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to retirement.
ARMY | BCMR | CY2013 | 20130015576
In support of his application the applicant provides a copy of his milConnect TEB printout that shows his request to transfer 24 months of educational benefits to his daughter (Vashti), with a Begin Date of 20 August 2009 and End Date of 1 August 2011, was approved on 20 August 2009. Therefore, as an exception to policy, it would be appropriate in this case to correct the applicant's military records to show he elected to transfer a portion of his benefits to his daughter (Faith) as an...
ARMY | BCMR | CY2014 | 20140000824
IN THE CASE OF: BOARD DATE: 14 August 2014 DOCKET NUMBER: AR20140000824 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the evidence of record shows that, for whatever reason, he only transferred the benefits to his wife; he did not transfer any educational benefits in the TEB online database to either of his daughters. He has not provided sufficient evidence to show he added all of his eligible dependent's into the TEB database prior to or at the time of retirement and allocated...
ARMY | BCMR | CY2014 | 20140000824
IN THE CASE OF: BOARD DATE: 14 August 2014 DOCKET NUMBER: AR20140000824 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the evidence of record shows that, for whatever reason, he only transferred the benefits to his wife; he did not transfer any educational benefits in the TEB online database to either of his daughters. He has not provided sufficient evidence to show he added all of his eligible dependent's into the TEB database prior to or at the time of retirement and allocated...
ARMY | BCMR | CY2012 | 20120013646
The applicant requests, in effect, correction of his records to show he elected to transfer his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. A Soldier must initially request to transfer benefits on the DOD TEB online database. However, there is no evidence of record and he provided no evidence which shows he attempted to transfer his Post 9/11 GI Bill benefits to his dependents other than his daughter (Michelle)...