BOARD DATE: 5 May 2015
DOCKET NUMBER: AR20140014779
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 to transfer his educational benefits to his dependents under the Post-9/11 GI Bill transferability provision.
2. The applicant states:
a. He recently retired from the South Carolina Army National Guard (SCARNG) and was not allowed to transfer his remaining Post-9/11 GI Bill benefits to a new dependent.
b. When he was deployed on active duty in 2009, he transferred his educational benefits to his oldest daughter. He did not know he would be blocked from making future transfers after retirement. He did not receive this information from the SCARNG during his retirement counseling. He did not discover this issue until July 2014 when he attempted to transfer the educational benefits to his son.
c. This situation is jeopardizing his son's college career and therefore is unjust.
d. He should be allowed to transfer his remaining 15 months of educational benefits to his dependents since he had no knowledge that his retirement would alter his right to make this modification.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Department of Veterans Affairs (VA) emails
* National Guard Bureau and SCARNG emails
CONSIDERATION OF EVIDENCE:
1. After completing over 29 years of service, he was separated from the SCARNG on 31 May 2013 and transferred to the Retired Reserve in the rank of lieutenant colonel.
2. He provided email correspondence which indicates:
* he attempted to transfer Post-9/11 GI Bill benefits to a dependent in July/August 2014
* he was informed by an ARNG official he could not transfer benefits to a new dependent after retirement and he should petition the Army Board for Correction of Military Records
3. 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 states an eligible individual is 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 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 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 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.
4. The policy further states the Secretaries of the Military Departments will 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.
5. DOD, the Army, and the 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 contends he should be allowed to transfer his remaining 15 months of educational benefits to his dependents since he had no knowledge his retirement would alter his right to make this modification.
2. There is no evidence indicating he was not given proper guidance regarding the benefits under the Post-9/11 GI Bill. Apparently he transferred educational benefits to a dependent in 2009.
3. His remaining 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 implementation (first 90 days), the applicant transferred to the Retired Reserve nearly 4 years after the program was announced and implemented.
4. Based on the foregoing, 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) AR20140014779
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ABCMR Record of Proceedings (cont) AR20140014779
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