IN THE CASE OF:  	  

		BOARD DATE:  5 February 2015  	  

		DOCKET NUMBER:  AR20140009851 


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, an exception to policy to reinstate his approved Transfer of Education Benefits (TEB) to his dependents under the TEB provision of the Post-9/11 GI Bill.

2.  The applicant states, in effect:

* his TEB provision of the Post 9-11 GI Bill was revoked after he had an approval and utilized some of the benefits
* he signed up for the TEB and received approval; however, it was not made clear to him that he had a service remaining requirement
* he retired 18 days short of meeting the service requirements; if he had known, he would have adjusted his retirement date 
* the retirement section made an error in not informing him of this oversight and he now feels it is an injustice

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Enlisted Record Brief 
* Letter of approval from the Defense Manpower Data Center (DMDC)





CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 2 January 1990 and he served as an infantryman.  He served through multiple reenlistments in a variety of assignments and he attained the rank/grade of first sergeant (1SG)/E-8.

2.  On 19 August 2010, he submitted a TEB request and his request was approved effective 27 August 2010.  His service obligation was established through 18 August 2011.  

3.  On 31 July 2011, he retired and he was placed on the Retired List in his retired rank/grade of 1SG/E-8 on 1 August 2011.  He completed 21 years, 
6 months, and 29 days of active service. 

4.  On 26 February 2014, he received an approval letter from DMDC informing him that his service had approved the request to transfer his unused Post 9-11 GI Bill benefits to his dependents.  DMDC shows he submitted his request on 19 August 2010 and it was approved.  His service obligation end date was 18 August 2011.  

5.  On 3 April 2014, the Department of Veterans Affairs Regional Office sent a letter to the U.S. Army Human Resources Command (HRC), Education Incentive Division, concerning the applicant's TEB and associated service obligation. 

6.  HRC advised that when the applicant elected to transfer his Post 9-11 GI Bill benefits to his eligible dependents, he was assigned a service obligation date of 18 August 2011.  He retired on 31 July 2011, which was prior to fulfilling his service obligations.  Since he did not meet the service obligations, his transfer request was rejected and his dependents were not eligible to use the benefits and the benefits may be subject to recoupment by the VA if benefits had already been paid. 

7.  On 9 April 2014, HRC informed him that when he made an election to transfer the Post 9-11 GI Bill benefits to his dependents, he agreed to serve the additional service required for the Post 9-11 GI Bill, in his case it was one additional year from the date he elected the transfer.  His service obligation was listed on the milCOnnect website (the same website he used to transfer the benefits) and on the approval document he obtained from the same website.  

8.  On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education 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.  An eligible member must also meet one or more of the following requirements:

	a.  Has at least six years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of approval and agrees to serve four additional years in the Armed Forces from the date of election.

	b.  Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of approval, is precluded by either standard policy (Service or DOD) or statute from committing to four additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.

	c.  Is or becomes retirement eligible during the period from 1 August 2009, through July 31, 2012, and agrees to serve an additional period of service -- this clause expired 1 August 2013.

9.  HRC advised that if a member has already been approved to transfer benefits to his/her dependents and if any payments have been made, the member cannot remove or change the additional duty service obligation (ADSO).  Non-fulfillment of the ADSO time is considered an "overpayment" of benefits and will result in the member or his/her dependents having to repay money received to the VA.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was fully eligible to transfer his education benefits under the TEB provision of the Post 9/11 GI Bill prior to retirement and he did so on 
19 August 2010.  Because he was retirement eligible at the time he submitted his request, he agreed to serve the additional service required for the Post 9-11 GI Bill, in his case it was one additional year from the date he elected the transfer. 

2.  The milConnect website and his approval letter both informed him that he had a service obligation date through 18 August 2011.  He retired, voluntarily, on 31 July 2011.  He did not fulfill the service obligations.  Although the number of days required to fulfill his service obligation appears to be 18 days, the fact remains that he did not fulfill his obligations.  

3.  When the member submits his or her transfer of benefits on the TEB website, he or she indicates his/her understanding and agreeing to remain the Armed Forces for the period required and the possibility of overpayment when the member fails to complete the service obligation.  


4.  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.  A Soldier must meet various criteria to qualify to transfer benefits to an eligible dependent.  

5.  On the surface, it appears this is an injustice.  However, the criteria for TEB transfers is embedded in the law and a change to the law is not within the purview of this Board.  The applicant agreed to serve through 18 August 2011.  He did not.  Regretfully, he 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)                                         AR20140009851



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ABCMR Record of Proceedings (cont)                                         AR20140009851



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