IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20140009125
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 her records to show she submitted a request for the transfer of Post 9/11 GI Bill to her family member in the 2009/2010 time frame.
2. The applicant states
a. Back in 2009-2010, she was deployed in Bagram, Afghanistan while working as a battle captain (CPT) for the 7th Theater Tactical Signal Brigade. During that time several of her peers transferred the GI Bill to their kids. She received an email in her AKO and printed out the confirmation. She never worried about it until now because her son is about to start college in the fall. She has moved 5 times since then and cannot find the printed confirmation. She has checked with Career Counselors, the U.S. Army Human Resources Command (HRC), the Department of Veterans Affairs, Milconnect, VONNAP and there is no record of her transferring it. The systems that are present now were not present back in 2009-2010. She checked with the AKO help desk and all old emails are gone since they have migrated to Enterprise email.
b. She retransferred her GI Bill but was told she needs to serve 4 more years which makes no sense. She submitted her retirement packet back in March and she will have served 24 years of active duty, deployed 4 times honorably, plus her year group is now getting cut and even if she did not submit her retirement packet now, she most likely would have been forced to retire. She knows she physically can't keep up with the younger CPTs. When she entered into the military she was told that she would receive college money after adding money into the MGIB program and after serving her first term, she had a college fund. Then she was told she could switch it to the Post 9/11 GI Bill and transfer it to her son which she did when the program came out. Now because of all the changes in software and systems, there is no record of her transfer. She is being told if she wants to transfer her GI Bill which she earned and contributed to she would have to serve another 4 years, but because of the way the military is being cut she could be forced out by a qualitative board.
c. This isn't the only type of issue with information in software not working. Soldiers who received equipment in Manas or Romania during deployment had the equipment added to their clothing records and then upon return they turned the equipment in to Manas or Romania. Once back in the states it is still on their clothing records and Central Issue Facility (CIF) wants FLIPLs done on those Soldiers. The unit had to call Romania and get them to tell CIF that it was turned in. There are flaws in everything, but this is a benefit that she contributed to and she served honorably to receive for her son. Systems to make sure everything was transferred to the new systems did not work. She is not the only one with this issue as she has spoken to the Inspector General and they had a similar issue with another Soldier.
3. The applicant provides:
* A printout titled "Transfer of Post 9/11 GI-Bill Benefits to Dependents"
* email exchange with HRC
* Three sworn statements
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service (November 1990 to December 2006), the applicant was appointed as a Regular Army commissioned officer and executed an oath of office on 7 December 2006. She completed the Signal Basic Officer Leader Course, served in a variety of stateside or overseas assignments, and she was promoted to CPT.
2. On 12 May 2014, she communicated with Army Enterprise Service Desk and requested to retrieve her AKO emails from May 2009 to May 2010. However, she was notified that the timeframe provided was beyond the timeframe eligible for email recovery.
3. On 13 May 2014, she communicated with the Army Continuing Education Division at HRC in reference to the Post 9/11 GI Bill. She contended she had transferred the benefit to her son in the 2009/2010 timeframe but can't find the confirmation due to a change in email systems and due to having since moved several times.
4. An official at the Army Continuing Education Division at HRC responded to her inquiry and stated there is no record she had submitted a transfer request before her current request dated 9 May 2014. If she had documentation pertaining to her previous request, she should forward the documentation to HRC for consideration.
5. She provides three sworn statements from individuals who were deployed to Afghanistan with the applicant during May 2009 to May 2010. The authors remember talking about the transfer of Post 9/11 GI Bill and discussing this program with them. She even encouraged others to participate in this program.
6. Public Law 110-252 limits the eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or a member of the Selected Reserve. A Soldier must also agree to serve the prescribed additional service obligation.
7. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states 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 meets various criteria. One of the requirements is that an individual must have at least 6 years in the armed force son the date of approval and agree to serve 4 additional years in the armed forces from the date of selection.
8. 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 and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.
DISCUSSION AND CONCLUSIONS:
1. The applicant was eligible to transfer her education benefits under the TEB at the time this program was implemented. However, there is no evidence she did so, until May 2014.
2. The Army, DOD, and VA 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. A Soldier must meet various criteria to qualify for transfer of benefits to an eligible family member; most importantly, the Soldier must be on active duty or in the Selected Reserve at the time of transfer.
3. The applicant continues to serve today. Her service and her sincerity are not in question; however, the applicant has been on active duty since the program was implemented in August 2009 and nearly 5 years have passed since this program was implemented. She had sufficient time to submit her application and/or to verify that her application was submitted in the proper manner. There is no evidence she exercised due diligence in retaining a copy of this important document. There is neither an error nor an injustice in the applicant's transfer of benefits processing. In view of the foregoing, she is not entitled to 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) AR20140009125
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ABCMR Record of Proceedings (cont) AR20140009125
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