IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140014264
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 elected transfer of his educational benefits to his dependents under the Post-9/11 GI Bill transferability provision.
2. The applicant states:
a. He was assured by personnel that his earned benefits were transferable and his extension for that specific purpose was automatic upon his immediate "transfer back [demobilization]" to the U.S. Army Reserve (USAR).
b. As for his mandatory retirement date of 31 March 2012, he had remained a drilling Reservist without a break in service thinking his son would be able to use his GI Bill benefits.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 6 January 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant was ordered to active duty as a member of the USAR on 7 December 2003 in support of Operation Iraqi Freedom. He served in Kuwait from 12 January 2004 to 12 December 2004. On 6 January 2005, he was released from active duty.
2. On 31 March 2012, he retired from the USAR in the rank of lieutenant colonel and was placed on the Retired List effective 1 April 2012.
3. There is no evidence that shows he elected to transfer his Post-9/11 GI Bill benefits to his dependents prior to his retirement.
4. 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 in effect at the time stated an eligible individual was 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, was eligible for the Post-9/11 GI Bill and:
a. had at least 6 years of service in the Armed Forces on the date of election and agreed to serve 4 additional years in the Armed Forces from the date of election; or
b. had at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, was precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agreed to serve for the maximum amount of time allowed by such policy or statute; or
c. was or became retirement eligible during the period 1 August 2009 through 1 August 2013. A service member was considered to be retirement eligible if he or she had completed 20 years of active duty or 20 qualifying years of Reserve service.
5. The policy further stated the Secretaries of the Military Departments would 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.
6. 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 over 2 years after the program was implemented.
2. There is no evidence indicating he was not given proper guidance regarding the benefits under the Post-9/11 GI Bill.
3. Since there is no evidence of record which shows he elected to transfer his Post-9/11 GI Bill benefits to his dependents prior to his 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) AR20140014264
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