IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140014059
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, correction of his record to show he transferred Post-9/11 GI Bill education benefits to his dependents in December 2010.
2. He states:
a. When he went through the process of transferring his Montgomery GI Bill to the Post-9/11 GI Bill in December 2010 he was counseled that he would incur a 4-year service obligation. The only reason he elected to transfer education benefits (TEB) at that time is that the service obligation aligned nearly perfectly with his planned retirement date. He was not made aware that he needed to transfer 1 month of benefits to any family member to start the clock.
b. He was told by counselors at the Fort Campbell, KY, education center that the transfer to the Post-9/11 GI Bill resulted in a 4-year service obligation and would allow his family to utilize unused education benefits. Now he is only 1 year from retirement and had expected his service obligation to end in December 2014. There was no logical reason he wouldn't have assigned at least 1 month of benefits in December 2010 if he had been given accurate information on the relatively new program.
3. He provides no additional evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. On 13 May 1994, the applicant enlisted in the Regular Army, and he served in an enlisted status through 12 November 2002. On 13 November 2002, he accepted appointment as a warrant officer and has continued his active duty service in that status. He is currently serving as a chief warrant officer three.
2. His transaction history in the Integrated Web Service shows he transferred Post-9/11 GI Bill education benefits to his dependents on 9 July 2014. As a result, he incurred a service obligation through 8 July 2018.
3. His record is void of documentation showing he attempted to transfer Post-9/11 GI Bill benefits to his dependents prior to 9 July 2014.
4. Department of Defense (DOD) Directive-Type Memorandum (DTM) 09-003, dated 22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members.
a. Eligible individuals include members of the Armed Forces on or after 1 August 2009 who, at the time of the approval of their request to transfer entitlement to educational assistance under this section, are eligible for the Post-9/11 GI Bill, and have at least 6 years of service in the Armed Forces on the date of election and agree to serve 4 additional years in the Armed Forces from the date of election.
b. Months transferred must be in whole months. An individual transferring an entitlement to educational assistance shall, through notification to the Secretary of the Military Department concerned:
(1) designate the dependent or dependents to whom such entitlement is being transferred;
(2) designate the number of months of such entitlement to be transferred to each dependent; and
(3) specify the period for which the transfer shall be effective for each dependent.
5. During the implementation phase of the program (the first 90 days), many Soldiers were unaware of the requirements for transferring Post-9/11 GI Bill education benefits. 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 transfer of benefits.
6. Military Personnel (MILPER) Message Number 13-102, title: Post 9/11 GI Bill TEB Four-Year Service Obligation for Approved TEB Requests Submitted On/After 1 [August 2013], dated 15 April 2013, was issued to emphasize that all TEB requests submitted on or after 1 August 2013 would incur a 4-year service obligation from the TEB request date regardless of years in service (except when precluded by policy or statute from committing to an additional 4 years).
DISCUSSION AND CONCLUSIONS:
1. The applicant claims that he attempted to elect TEB in December 2010, well after the program began. DOD DTM 09-003 provides clear instructions regarding TEB. These instructions include a requirement to designate dependents, designate the number of months to be transferred to each dependent, and specify the period for which the transfer would be effective for each dependent. A TEB request cannot be approved without this information.
2. He has provided no documentary evidence to support his contention that he was given inaccurate information on applying for TEB. In the absence of such evidence, 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) AR20140014059
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ABCMR Record of Proceedings (cont) AR20140014059
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