BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140008738
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 records to show he applied to transfer his educational benefits to his dependents under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill before he left active duty on 30 June 2013.
2. The applicant states that in 2009, while deployed to Iraq, he applied for transfer of his education benefits (TEB) to his three children and while he does not remember what he received that said his application was completed, he did it on line. However, when he contacted the Department of Veterans Affairs (VA) representative at the college his son was attending, he was informed that there was no record of his application. He also states that he assumed for 4 years that his application had been approved and now he is being denied a benefit that he earned in over 24 years of service.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a United States Army Reserve second lieutenant on 18 January 1991 with a concurrent call to active duty. He remained on active duty, served six deployments in Iraq, Kuwait, and Afghanistan and was promoted to the rank of lieutenant colonel (LTC) on 1 January 2008.
2. On 30 June 2013, he was honorably retired by reason of sufficient service for retirement. He had served 24 years of active service.
3. Information received from officials at the U.S. Army Human Resources Command indicates that there is no record of the applicant submitting an online application for TEB.
4. The Post-9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public Law
110-252, House of Representatives, 2642. In July 2008, Congress passed a law for the Post-9/11 GI Bill which went into effect on 1 August 2009.
5. Section 3319 provides the eligibility requirements necessary to transfer unused educational benefits to family members. A service member may execute transfer of benefits only while serving as a member of the Armed Forces. The VA is responsible for final determination of eligibility for educational benefits under this program.
6. On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states an eligible individual 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, in pertinent part, is or becomes 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 service or 20 qualifying years of Reserve service.
7. 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 and document accordingly.
8. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance for the administration of the program. A Soldier must initially request to transfer benefits on the DOD's TEB online database. Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for VA access. The respective family member must then submit an application for VA educational benefits (VA Form 22-1990e (Application for Family Member to Use Transferred Benefits)) to request to use the benefits.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to show he applied for and the Army approved transfer of his educational benefits under the TEB provision of the Post-9/11 GI Bill to his dependents prior to his retirement from active duty was carefully considered.
2. The Post-9/11 GI Bill was implemented on 1 August 2009 and information pertaining to the transferability of entitlements was disseminated down to education counselors at the installation level and through many public information sites.
3. The evidence of record shows the applicant was on active duty almost 4 years after the implementation of the program. However, there is no evidence of record and the applicant did not provide sufficient evidence that shows he made his online TEB and that it was approved while he was still serving on active duty.
4. In view of the foregoing, there is an insufficient evidentiary 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:
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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the
United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140008738
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140008738
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120007965
The applicant requests correction of his military records to show he transferred his Montgomery GI Bill benefits to his dependent child Elise under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. Therefore, as a matter of equity, his records should be corrected to show he applied to transfer his educational benefits to his eligible family members in a timely manner prior to his effective date of retirement. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2012 | 20120002773
The applicant had 16 years of service as of the programs implementation date of 1 August 2009; therefore, he was eligible to transfer to either his spouse or his children. 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. The applicant did not and could not have requested a transfer of his benefits to his dependents on 3 June 2009.
ARMY | BCMR | CY2012 | 20120011778
The applicant had more than 20 years of service upon retirement; therefore, he was eligible to transfer to either his spouse or children (if he completed the request before leaving military service). Counsel requests, in effect, the applicant be given relief by correcting his records to show he elected to transfer benefits under the Post 9/11 GI Bill to his eligible family members prior to his retirement date. The applicant and counsel contend his record should be corrected to allow him to...
ARMY | BCMR | CY2012 | 20120010957
The applicant requests correction of his records to transfer his educational benefits to his children under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant had more than 20 years of service upon his retirement, but he was not eligible to transfer benefits to his family members because the law requires Soldiers to be in the service on or after 1 August 2009. c. A Soldier may only transfer benefits to eligible family members. The applicant was not...
ARMY | BCMR | CY2012 | 20120010951
The applicant requests correction of his military records to show he transferred his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. Therefore, as a matter of equity, his records should be corrected to show he applied to transfer his educational benefits to his dependents in a timely manner prior to his effective date of retirement. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110006521
The applicant requests, in effect, correction of his records to show he applied for the Post 9/11 GI Bill Transferability Program before he retired from active duty on 31 October 2009 in order to transfer his education benefits to his children. As such, it is particularly plausible due to his transition from the military in the August 2009 timeframe, remote out-processing, and the extensive travel with his family until August 2010 that he was unaware of the requirement to complete an...
ARMY | BCMR | CY2011 | 20110014677
The applicant requests, in effect, correction of his records to show he applied for the Post 9/11 GI Bill Transferability Program before he retired from active duty on 30 September 2009 in order to transfer his education benefits to his eligible dependents. If the applicant had transferred his benefits prior to leaving military service he would not have incurred an additional service obligation because he had more than 20 years of service as of 1 August 2009. e. there was no evidence the...
ARMY | BCMR | CY2012 | 20120009145
The applicant requests correction of his military records to show he transferred his Montgomery GI Bill benefits to his dependents under the Transfer of Education Benefits (TEB) provisions of the Post-9/11 GI Bill. He would have been eligible to transfer the education benefit if he had transferred them before he left active service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his...
ARMY | BCMR | CY2013 | 20130002231
The applicant requests correction of his record to show his education benefits were transferred to his eligible family members in a timely manner in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The available evidence shows the applicant was eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to his retirement. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120006345
The advisory official recommended approval of the applicant's request because the applicant left the military within 90 days of implementation of the program. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army approved...