IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140011261
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 her records to show she elected transfer of her educational benefits to her dependents under the Post-9/11 GI Bill transferability provision.
2. The applicant states:
a. When she attended all the required briefings of Fort Hood's Transition Program, she was never told she had to implement the transfer of her educational benefits while still serving on active duty.
b. She recently found this out when she was looking on the Department of Veterans Affairs site to fill out the necessary paperwork to do the transfer.
c. Her son starts college in August and she and her husband are in a state of shock. She would never fail to give her son and daughter her educational benefits when she served 22 years in the Army. She earned the right.
d. To have no knowledge until this day is clearly wrong and no fault of her own.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. After completing over 22 years of creditable active service, the applicant retired on 30 April 2011 in the rank of sergeant first class.
2. There is no evidence that shows she elected to transfer her Post-9/11 GI Bill benefits to her dependents prior to her retirement.
3. On 22 June 2009, the Department of Defense (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 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 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 service.
4. 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, document accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.
5. DOD, the Army, and the Department of Veterans Affairs (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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered; however, DOD, the Army, and the VA 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. While there may have been some confusion during the early stages after the implementation, the applicant retired almost 2 years after the program was implemented.
2. Since there is no evidence of record which shows she elected to transfer her Post-9/11 GI Bill benefits to her dependents prior to her retirement, there is no basis for granting 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 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) AR20140011261
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ABCMR Record of Proceedings (cont) AR20140011261
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