IN THE CASE OF:	  

		BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140010234 


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 an exception to policy to transfer educational benefits to his family members under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states he originally submitted the request in 2009 shortly after the Post 9/11 GI Bill came out.  He submitted the request the same day he received the briefing while he was working at the Pentagon.  His entire office signed up at the same time.  He remembers saving a copy of the application at the time, but with several moves from duty station to duty station, and a few crashes of hard drives later, he cannot locate a copy of his application.  Recently, he saw a message about benefits for the Post 9/11 GI bill with a link to the site.  He decided to just visit it and see if there was any information about his benefits in there.  

3.  He could not locate his application so he contacted the Department of Veterans Affairs (VA).  He was informed his application was not there and he would need to submit a new request.  Upon submitting a new request, he incurred a new service obligation of six years.  This is ridiculous.  He should not be required to serve another six years for a benefit he earned five years ago.  He fails to see the justice in requiring service members who were eligible for the benefit to have to continue their service when they were fully eligible previously and there must have been an issue with the software at the time.  He knows he should have kept a copy of the application in a location he would not have lost, but with all the moves and demands of the job, he failed to keep it safe.  He has served honorably in the military for 30 years, and now he is being told he needs to serve another six years if he wanted to keep this benefit.  He is disappointed in the system.  He asks the Board to consider re-instating his GI Bill application from five years ago.  The error is unjust.  His only failure was not to check the system sooner.  He firmly believed for the past 5 years that he successfully transferred his benefits to his children, and to learn that the application did not go through after receiving a message that the transfer was complete is a disservice.

4.  The applicant does not provide any evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was born in October 1966.  

2.  Having had prior enlisted service in the Army National Guard (ARNG), the applicant was appointed as a Reserve commissioned officer and executed an oath of office on 20 May 1989.  

3.  He entered active duty on 15 June 1989.  He was honorably released from active duty on 1 July 1993 and he was transferred to the U.S. Army (USAR) Control Group (Reinforcement).  

4.  In September 1996, he was transferred from the USAR Control Group (Reinforcement) to a troop program unit (TPU) of the USAR.  He subsequently served in a variety of stateside or overseas assignments and he was promoted to colonel in January 2014.  

5.  On 25 June 2009, the U.S. Army Human Resources Command issued him a Notification of Eligibility for Retired Pay at Age 60 (Twenty-Year Letter). 

6.  He is currently (or was last) assigned to 9th Battalion, Army Reserve Careers Division Support Element, St. Peters, MO. 

7.  An entry, dated 2 May 2014, pertaining to the applicant on the U.S. Army Human Resources Command’s (HRC's) Interactive Web Services website shows the following: 

A request for a Service Member to transfer his/her Post 9/11 GI Bill benefits to eligible dependents has to be submitted through the Defense Manpower Data Center (DMDC) web application, accessible through http://milconnect.dmdc.mil.  The TEB database does not show that you have submitted a transfer request.  If you have any screen shot of a previous transfer request submission, please provide to us for review.  If you do not have a screen shot as proof of a successful transfer, there are two other options:  You can reapply, or you can request consideration through the ABCMR.  I have attached instructions to apply for transfer, but am aware that you indicated that you do not want to incur a service obligation.  If you believe you are eligible, there is a formal process to request a correction to a perceived error or injustice to your military records.  

8.  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.  A Soldier must be currently on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her dependent (on or after 1 August 2009).  

	b.  A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer to eligible children.  

	c.  A Soldier may only transfer to eligible family members.  To be considered an eligible family member the spouse or child must be enrolled in the Dependent Eligibility Enrollment Reporting System (DEERS) and be eligible for DEERS benefits.  Children lose eligible family member status upon turning age 21 or at marriage.  Eligible family member status can be extended from age 21 to age 23 only if the child is enrolled as a full-time student and unmarried (verified by DEERS).  Wards of State are not eligible for the benefits.  Once the benefits are transferred, children may use the benefits up to age 26.  

	d.  A Soldier must also agree to serve the prescribed additional service obligation based on the time the Soldier had in service on 1 August 2009.  

	e.  A Soldier must have no adverse action flag and have an honorable discharge to transfer the benefits.  

	f.  A Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless he or she left the service during the implementation phase (first 90 days) of the program.  The Army, Department of Defense (DOD), and VA initiated a massive public campaign plan that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent transfer of educational benefits.  

	g.  A Soldier must initially request to transfer benefits on the DOD TEB online database.  The TEB online database was operational 29 June 2009.  Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for VA access.  The respective dependent must then submit an application for VA educational benefits, VA Form 22-1990e, to request to use the benefits.  

	h.  Changes to the amount of months allocated to family members can be made at anytime, to include once a member leaves military service, provided the service member allocates at least 1 month of benefits prior to separation.  If the service member allocates 0 months and subsequently leaves military service, he or she is not authorized to transfer unused benefits.  

	i.  The VA is restricted to pay for education benefits by compensating no more than one retroactive year from the date a claim is received by the VA.  

9.  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

	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

10.  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 his education benefits under the TEB as early as August 2009, but unfortunately there is no evidence he did so.  The program was implemented in July 2009 and he remains in the Selected Reserve. 


Although he contends he submitted a request to transfer the benefits to his family members, there is no evidence in his records and he provides none to corroborate his contention.  

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.  His service and his sincerity are not in question; however, since the applicant has been in the Selected Reserve since the program was implemented in August 2009 and nearly 5 years after the program was implemented, he had sufficient time to submit his application and/or to verify that his application was submitted in the proper manner.  There is no evidence he exercised due diligence.  

4.  There is neither an error nor an injustice in the applicant's transfer of benefits processing.  In view of the foregoing, 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)                                         AR20140010234





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ABCMR Record of Proceedings (cont)                                         AR20140010234



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