IN THE CASE OF:
BOARD DATE: 16 December 2014
DOCKET NUMBER: AR20140007271
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 children.
2. He states:
* the summer before he retired, he used the Milconnect webpage and followed instructions to transfer his Post 9-11 GI Benefits to each of his two children
* he went to the Department of Veterans Affairs (VA) in Buffalo, NY to discuss enrolling his daughter in order to use the Post 9-11 GI Bill and was informed that his daughter was not listed as eligible
* he went back to the Milconnect webpage and tried to find the information; but did not find any evidence of his request
* he spoke with someone at the U.S. Army Human Resources Command (HRC) who informed him that a request was made but HRC could not see it
* after returning home from Afghanistan, he learned that his wife had a prolonged adulterous relationship
* he was seriously depressed and sought help through the VA
* he was in survival mode when he should have been taking care of things like transferring benefits to his children
3. He provides a copy of his retirement orders.
CONSIDERATION OF EVIDENCE:
1. With prior enlisted service in the U.S. Army Reserve, on 20 February 1997, the applicant was appointed as a Reserve Commissioned Officer.
2. A memorandum, subject: Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter), dated 13 May 2010, informed him he was eligible for retired pay.
3. He served on active duty from 12 November 2010 to 20 December 2011. During this period of service he was deployed to Afghanistan from 8 December 2010 to 5 November 2011. Effective 31 August 2013, he was assigned to the Retired Reserve.
4. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. Eligible individuals include any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of the individuals 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 for the maximum amount of time allowed by such policy or statute, or
c. is or becomes retirement eligible during the period from 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.
5. 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 education 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.
5. Requests for transfer of education benefits to eligible dependents must be submitted through a Defense Manpower Data Center web application.
DISCUSSION AND CONCLUSIONS:
1. The applicant could have applied for transfer of his education benefits at any time from 1 August 2009 until his transfer to the Retired Reserve in 2013. He provides no documentary evidence to support his claim that he attempted to transfer his benefits before he transferred to the Retired Reserve. The application procedures were well-established and well-publicized while he was serving in the Selected Reserve.
2. He was deployed for 11 months during his 4-year window of opportunity to apply for transfer of education benefits. The deployment was not a significant barrier to applying. His marital problems are unfortunate; however, in the absence of evidence indicating he was unfairly deprived of the opportunity to apply for transfer of education benefits prior to his transfer 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 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) AR20140007271
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ABCMR Record of Proceedings (cont) AR20140007271
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