IN THE CASE OF:
BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140013228
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 his records to show he transferred his educational benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill prior to retiring from active duty.
2. The applicant states that he was not told during his out-processing that he had to transfer his educational benefits while he was still on active duty. He indicated on his Preseparation Counseling Checklist that he wanted information on his education benefits. The only information he received was the notation: "www.ebenefits.va.gov." As much time and service he has given to his country, he deserves these educational benefits.
3. The applicant provides a copy of his DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members) and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant is a retired Regular Army sergeant first class/E-7. He retired effective 31 May 2012 with over 21 years of active duty service.
2. He provides his DD Form 2648, dated 15 December 2012, showing in item 13a (Education Benefits) that he wanted counseling in this item and was referred to "www.ebenefits.va.gov."
3. Public Law 110-252 (Supplemental Appropriations Act, 2008) provides the authority for members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 to transfer unused educational benefits to eligible family members. This public law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic educational assistance under this chapter to elect to transfer entitlement to unused educational benefits to one or more of the specified family members.
a. The law identified the qualifying Title 10 and Title 32 duty that a service member must have performed on or after 11 September 2001 to gain eligibility for the Post-9/11 GI Bill.
b. The Post-9/11 GI Bill TEB Program was implemented on 1 August 2009.
c. Eligibility to transfer unused benefits is limited to those members of the U.S. Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.
4. When the TEB program was initiated in 2009, the Army, DOD, and VA initiated a massive public campaign that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and the TEB.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his educational benefits should be transferred to his dependents under the TEB provision of the Post-9/11 GI Bill because he was never informed of the requirement to transfer the benefit before he retired from active duty.
2. Records show the applicant was referred to a website www.ebenefits.va.gov for information on his education benefits. There is no evidence indicating he visited the website. Further, the TEB provision of the Post-9/11 GI Bill was widely publicized long before his retirement.
3. Considering all the evidence and information presented by the applicant, together with the evidence of record, 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 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) AR20140008075
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ABCMR Record of Proceedings (cont) AR20140013228
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The applicant requests correction of his records to show he elected to transfer his Post-9/11 GI Bill educational benefits to his dependent(s). Answer: Only veterans who are currently serving on active duty or in the Selected Reserve can transfer benefits to eligible members. Thus, the applicant retired from military service without transferring his educational benefits.
ARMY | BCMR | CY2012 | 20120020978
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. The evidence shows the applicant was fully eligible to transfer his unused education benefits under the TEB provision of the...
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Although significant measures were made by DOD, the VA, and the Army to disseminate the information to all Soldiers within all Army components during the initial phase of the program, many Soldiers who left the service during the first 90 days of the program were not fully aware of the requirement to transfer benefits prior to leaving military service. The applicant commenced his transition leave during the first week after initial implementation of the TEB. As a result, the Board...
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