BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140009376
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 military records to show he transferred his Montgomery GI Bill (MGIB) benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his spouse prior to being discharged from the Regular Army.
2. The applicant states he was never told that he had to be on active duty to request to TEB.
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. On 17 January 2002, the applicant enlisted in the Regular Army. On 8 March 2012, the applicant was involuntarily discharged due to parenthood. He received an honorable characterization of service. He had completed 10 years, 1 month, and 22 days of creditable active duty service.
2. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused education 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
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 Component service.
3. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.
4. DOD, VA, and the Army conducted a massive public campaign plan 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 two criteria to qualify to transfer benefits to an eligible dependent: (a) be a Soldier on active duty or a member of the Selected Reserve at the time of the transfer (provided Soldier does not have an adverse action flag) and (b) has at least 6 years of qualifying service in the Armed Forces (active duty and Selected Reserve) and agrees to serve at least 4 additional years from the date of request, unless retirement eligible.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show he transferred his MGIB benefits to his spouse prior to his discharge because he was never told that he had to be on active duty to do so.
2. DOD established the criteria for the TEB provision of Post-9-11 on 22 June 2009. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.
3. DOD, the Army, and the 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.
4. The evidence shows that the applicant was involuntarily discharged due to parenthood.
5. The program was implemented in August 2009. The applicant was not discharged until March 2012. Therefore, he had sufficient time to have learned about the TEB requirements. There is no available evidence showing he exercised due diligence.
6. The requirements of this program are set in the law and any changes to the law are not within the purview of this Board. There is neither an error nor an injustice in his case and, as such, there is no basis for granting the applicant's requested relief.
7. In view of the above, there is no 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) AR20140009376
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