IN THE CASE OF:  	  

		BOARD DATE:  30 October 2014	  

		DOCKET NUMBER:  AR20140005774 


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 record to show he submitted a timely application to transfer his educational benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states:

* in January 2013, he was informed he was unable to transfer his earned educational benefits to his spouse and children because he did not designate them as beneficiaries before he retired
* the requirement to add his dependents was unknown to him at the time of his retirement on 1 May 2012
* he completed a DA Form 4856 (Developmental Counseling Form) – he was not specifically made aware of the requirement to visit the TEB website to designate a transfer of entitlement request before he retired
* he believes the benefits were relatively new at the time of his retirement and the counselors did not have adequate training or were not familiar with the requirements so they were not able to adequately counsel him
* his counseling was completed by telephone/email and lacked the normal interaction that would have taken place in a face-to-face interview
* he knew he was entitled to the GI Bill and was asked if he knew his overall educational benefits – it was never explicitly explained that he would lose the right to transfer the benefits if he did not elect to transfer prior to separation
* he spoke with several other veterans who also lost their rights to transfer benefits which supports his belief that counselors at the time lacked the knowledge necessary to adequately advise retiring Soldiers regarding the GI Bill right to transfer educational benefits to beneficiaries

3.  The applicant provides:

* Headquarters, 99th Regional Support Command, Orders 12-062-00001, dated 2 March 2012
* DA Form 4856
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Congressional correspondence

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant on 28 April 1984.

2.  On 23 January 2004, he was promoted to lieutenant colonel (LTC).

3.  On 1 May 2012, he was transferred to the Retired Reserve in the rank of LTC.

4.  The applicant provided a copy of his retirement orders, DD Form 214, and Congressional correspondence.  He also provided a copy of his DA Form 4856, dated 3 November 2011, that shows he elected to retire on 1 May 2012.  This form states, "It is strongly recommended you contact your support Retirement Services Office (RSO) and make an appointment for a retirement briefing and the issue of new ID [identification] cards."

5.  Department of Defense (DOD) Directive-Type Memorandum 09-003, dated 22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members.  Eligible individuals include members of the Armed Forces on or after 1 August 2009 who, at the time of the approval of their request to transfer entitlement to educational assistance under this section, are eligible for the Post-9/11 GI Bill and:

	a.  have at least 6 years of service in the Armed Forces on the date of election and agree to serve 4 additional years in the Armed Forces from the date of election; or

	b.  have at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, are precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agree to serve for the maximum amount of time allowed by such policy or statute; or

	c.  were or became retirement eligible during the period 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.)  For those individuals who had an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service was required.  For those individuals eligible for retirement:

* on or after 1 August 2009 and before 1 August 2010, 1 year of additional service was required
* on or after 1 August 2010 and before 1 August 2011, 2 years of additional service was required
* on or after 1 August 2011 and before 1 August 2012, 3 years of additional service was required

6.  The policy further states the Secretaries of the Military Departments will provide counseling on Post-9/11 GI Bill benefits to active duty participants and members of the Reserve Components with qualifying active duty service prior to separation or release from active duty and document accordingly.

7.  During the implementation phase of the program (the first 90 days), many Soldiers were unaware of the requirements for transferring Post-9/11 GI Bill educational benefits.  The Army, DOD, and VA initiated a massive public campaign that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and transfer of benefits.

8.  Requests to transfer Post-9/11 GI Bill benefits to eligible dependents are submitted through the Defense Manpower Data Center (DMDC) web application.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support the applicant's request for correction of his records to show he submitted a timely application to transfer his educational benefits to his dependents under the TEB provision of the Post-9/11 GI Bill.

2.  Information on the Post-9/11 GI Bill was widely available when he retired several years after the implementation phase had ended and, as part of his retirement processing, he was required to receive counseling on his Post-9/11 GI Bill benefits.  He has not provided any documentary evidence indicating he was improperly counseled.  Further, there is no evidence that he followed the established procedure by submitting an application through the DMDC web application while he was an active member of the Selected Reserve.  By the time he was transferring to the Retired Reserve, this was a well-established and well-publicized procedure.  It remains the only way to apply for transfer of educational benefits.

3.  In the absence of evidence indicating he was unfairly deprived of the opportunity to transfer his educational benefits prior transferring to the Retired Reserve, there is an insufficient basis upon which to grant 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 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)                                         AR20140005774



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ABCMR Record of Proceedings (cont)                                         AR20140005774



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