IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140006977
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 transfer of his unused education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states, in effect:
* he did not receive notification of the requirements to transfer his Post-
9/11 GI Bill benefits until he was preparing to transition for retirement in October 2013; the window for transferring education benefits closed in August 2013
* he learned the only way to be able to transfer his education benefit was to extend his retirement date; his request for extension was disapproved
* a major reason why he did not get the word was he was embedded for
6 years with the Central Intelligence Agency involved in discrete counter-terrorism operations; this meant he was relatively out of touch with what was happening in the Army
* the loss of this benefit will cost him and his family hundreds of thousands of dollars
3. The applicant provides:
* packet requesting change of a previously-approved retirement
* DA Form 67-9 (Officer Evaluation Report)
* 3 DA Forms 1613 (Records Cross Reference)
* DA Form 1059-1 (Civilian Institution Academic Evaluation Report)
* certificate of completion for the U.S. Army War College
* letter of commendation
* DA Form 4037 (Officer Record Brief)
* Orders 157-0002, U.S. Army Installation Management Command, Headquarters U.S. Army Garrison, Fort Stewart/Hunter Army Airfield
CONSIDERATION OF EVIDENCE:
1. The applicant retired from the Regular Army on 28 February 2014. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 26 years and 14 days of creditable active military service.
2. 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 an eligible member is 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 serve 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 the maximum amount of time allowed by such policy or statute.
3. A Soldier must be currently serving on active duty or as a member of the Selected Reserve, on or after 1 August 2009, at the time of transfer of educational benefits to his or her family members.
DISCUSSION AND CONCLUSIONS:
1. The applicant was fully eligible to transfer his education benefits under the TEB prior to retirement.
2. The DOD, VA, and the Army conducted massive public campaigns that generated major communications through military, public, and social media venues. The information was published well in advance with emphasis on the criteria. Since the applicant was on active duty at the time of program implementation in August 2009, and continued on active duty through his retirement in February 2014, he had sufficient time to submit his application and there is no evidence he exercised due diligence.
3. The requirements of this program are set in the law and any changes to the law are not within the purview of this Board. Based upon the foregoing, there is insufficient basis for granting the applicant's 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) AR20140006977
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