IN THE CASE OF:	  

		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140014880 


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

2.  The applicant states, in effect:

* he is serving on active duty with 32 years of service
* his daughter is currently ineligible for Post-9/11 GI Bill benefits
* she was previously enrolled in the Defense Enrollment Eligibility Reporting System (DEERS) as his dependent in 2010, but had to be removed from DEERS as she was not a full-time student [and presumably was over the age to retain dependent status if not enrolled as a full-time student]
* he has never received any educational benefits for his child and would like to transfer the remaining 4 months of his benefits to her after being deployed for 12 months

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 April 1986
* DD Form 214 for the period ending 1 March 2005



CONSIDERATION OF EVIDENCE:

1.  After a period of prior active duty service from April 1983 through April 1986, the applicant has had continuous service in either a U.S. Army Reserve troop program unit or as a member of the U.S. Army Reserve Active Guard Reserve (AGR) Program.  The applicant is currently serving as a sergeant first class in the AGR Program.

2.  The applicant has not provided any documentation and a review of his Official Military Personnel File, archived in the interactive Personnel Electronic Records Management System, showed no documentation for an approved transfer of Post-9/11 GI Bill benefits to his daughter.

3.  Public Law 110-252 limits the eligibility to transfer 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.

	a.  A Soldier must be currently serving on active duty or as a member of the Selected Reserve at the time of transfer of educational benefits to his or her dependent(s).

	b.  A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer to eligible children.

	c.  A Soldier may only transfer to eligible family members.  To be considered an eligible family member, the spouse or child must be enrolled in DEERS and be eligible for DEERS benefits.  Children lose eligible family member status upon turning age 21 or at marriage.  Eligible family member status can be extended from age 21 to age 23 only if the child is enrolled as a full-time student and unmarried (verified by DEERS).  Wards of State are not eligible for the benefits.  Once the benefits are transferred, children may use the benefits up to age 26.

	d.  A Soldier must also agree to serve the prescribed additional service obligation based on the time the Soldier had in service on 1 August 2009.

	e.  A Soldier must have no adverse action flag and have an honorable discharge to transfer the benefits.

	f.  A Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless he or she left the service during the implementation phase (first 90 days) of the program.  The Army, the Department of Defense (DOD), 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.

	g.  A Soldier must initially request to transfer benefits on the DOD TEB online database.  The TEB online database was operational on 29 June 2009.  Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for VA access.  The respective dependent must then submit an application for VA educational benefits (VA Form 22-1990e) to request to use the benefits.

	h.  Changes to the amount of months allocated to family members can be made at anytime, to include once a member leaves military service, provided the service member allocates at least 1 month of benefits prior to separation.  If the service member allocates 0 months and subsequently leaves military service, he or she is not authorized to transfer unused benefits.

	i.  The VA is restricted to pay for educational benefits by compensating no more than one retroactive year from the date a claim is received by the VA.

4.  On 22 June 2009, 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 the 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 from 1 August 2009 through 31 July 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.

5.  All Post-9/11 GI Bill TEB requests submitted and approved on or after 1 August 2013, will incur a 4-year service obligation from the TEB request date, regardless of years in service, except when precluded by policy or statute.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show he elected transfer of the Post-9/11 GI Bill educational benefits to his daughter was carefully considered but found to be without merit.

2.  The applicant was and remains eligible to transfer his educational benefits to his daughter, should his daughter still meet the DEERS criteria of eligible family members on the date of election and the applicant himself agrees to fulfill the required additional 4-year service commitment unless otherwise precluded by policy or statute.  There is no evidence of record he ever requested or was approved to transfer his educational benefits to his daughter.

3.  There is neither an error nor an injustice in his case and, as such, 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)                                         AR20140014880



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ABCMR Record of Proceedings (cont)                                         AR20140014880



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