IN THE CASE OF:
BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130011808
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 transfer her Post-9/11 GI Bill education benefits to her daughter.
2. The applicant states:
a. She was on terminal leave from July 2009 until her retirement date. She attended retirement briefings in the Netherlands where she was stationed. There was no mention of having to transfer her Post-9/11 benefits to her daughter while on active duty. She believes that the Post-9/11 GI Bill was so new that the counselors were not aware of all the provisions. She recalls contacting the Department of Veterans Affairs soon after her retirement via their website and was advised that all of the particulars of transferring benefits were not clear yet.
b. She believes that she has earned the benefit and was not afforded due process to make the transfer decision while still on active duty. She is still serving as a Junior Reserve Officers' Training Corps instructor and believes her influence with America's youth greatly benefit the nation.
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned in the Regular Army on 15 March 1991. She served continuously on active duty through various assignments until she honorably retired on 30 September 2009. She completed 20 years, 8 months, and 6 days of net active service.
2. On 29 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 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 a 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 of DoD) or statute from committing to 4 additional years and agrees to service for the maximum amount of time allowed by such policy or stature; 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 service or 20 qualifying years of Reserve service.
3. The policy further states the Secretaries of the Military Department will provide active duty participants and members of the Reserve Components with qualifying active service individuals pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, document accordingly, and maintain record for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.
4. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was retired on 30 September 2009 after completing more than 20 years of service. In previous cases, the Office of the Deputy Chief of Staff, G-1, had opined that although significant measures were taken to disseminate the transferability of unused Post-9/11 GI Bill benefits many Soldiers who left the service during the first 90 days of the program were not fully aware of the requirement to transfer the benefits prior to leaving military service.
2. The applicant's last day in an active status was 30 September 2009 which was within 90 days of implementation of the program. She contends she was not aware of the requirement to transfer her educational benefits prior to retirement; therefore, none of the required steps to transfer her benefits were taken. Based on the foregoing and as a matter of equity, her records should be corrected to show she transferred her benefits to her dependent under the Transfer of Education Benefits provisions of the Post-9/11 GI Bill.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed her application and the Army approved her request to transfer Post-9/11 GI Bill benefits to her dependent prior to her transfer to the Retired Reserve, provided all other program eligibility criteria are met.
_____________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) AR20130011808
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ABCMR Record of Proceedings (cont) AR20130011808
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