BOARD DATE:   10 March 2015

		DOCKET NUMBER:  AR20140012812


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 his education benefits to his spouse under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states he was not aware he had to transfer his education benefits to his spouse before he was released from active duty.  He served honorably for 21 years and earned the entitlement.  Further, his spouse sacrificed her career for the benefit of his.  He would like to provide her an opportunity to focus on her career now that he is retired.

3.  The applicant provides no additional evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 July 1993.  He served through numerous periods of reenlistment and/or extension, in positions of increased responsibility, and on 1 October 2008, he was promoted to the rank/grade of master sergeant/E-8.  

2.  On 31 July 2013, he was honorably retired in the rank/grade of first sergeant/E-8 by reason of sufficient service for retirement.  On 1 August 2013, he was placed on the Retired List.

3.  His record does not contain any documentation that indicates he transferred, or attempted to transfer, his education benefits under the TEB provision of the Post-9/11 GI Bill prior to his date of retirement.  Additionally, there is no evidence in his record that shows he was inadequately counseled regarding the transfer requirements under the TEB provisions of the Post-9/11 GI Bill.  

4.  Public Law 110-252, as amended by Public Law 111-377, identifies the qualifications to receive the Post-9/11 GI Bill, one of which is that the service member must have performed active service on or after 11 September 2001 in order to be eligible for the Post-9/11 GI Bill.  Public Law 110-252 establishes legal requirements on the transferability of unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.

5.  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 limits the entitlement to transfer education benefits to any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of his or her 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 service in the 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 service.

6.  DOD policy further states the Secretaries of the Military Departments will provide active duty participants 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.

7.  On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to allow him to transfer his unused Post-9/11 GI Bill education benefits to his spouse under the TEB provisions of the Post-9/11 GI Bill.  He further contends he was unaware he had to transfer his education benefits to his spouse before he was released from active duty.  

2.  The applicant was fully eligible to transfer his educational benefits prior to retirement, but did not do so.  The program was implemented in July 2009.  He was retired on 31 July 2013 and placed on the Retired List on 1 August 2013.  There is no evidence he attempted to transfer his Post-9/11 GI Bill educational benefits to his spouse while still on active duty.

3.  The Army, DOD, and 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, he retired 4 years after the program was implemented.  

4.  His service and sincerity are not in question; however, since he was on active duty for at least 4 years following the program's implementation date, 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.  

5.  Additionally, there is no evidence in his record, and he has failed to provide evidence, that shows he was inadequately counseled regarding the transfer requirements under the TEB provisions of the Post-9/11 GI Bill.  

6.  Unfortunately, there is an insufficient 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 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)                                         AR20110007920



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140012812



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1