IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015537
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. Prior to retiring from active duty in May 2012, he elected to transfer his GI Bill benefits to his wife and son. He was instructed to fill out a form. He was informed that it would be processed and advised to contact the Department of Veterans Affairs (VA) Education Department when his dependents were ready to use the benefits.
b. His son graduated from high school in 2014. His wife contacted the VA regarding the educational benefits and was told the transfer was never completed.
c. The personnel conducting the briefings did not instruct him that he would need to log into milConnect to complete the process to transfer benefits. If these staff members are not properly trained, they should not be providing the briefings.
d. While serving on active duty he had a cyst removed from his elbow. He got a staph infection from the unsterile operating room and was placed in the intensive care unit for a week. He was placed on medication for blood clots and he was told he had high blood pressure which was missed during numerous physicals while on active duty. He then suffered a heart attack and is now permanently disabled with an implanted defibrillator because his heart is badly damaged. Prior to the surgery, he was in good health.
e. He completed 22 years of service and several combat tours and he feels he should have the right to transfer GI Bill benefits for which he paid. He will never be able to work again due to his medical condition and will not be using the GI Bill benefits. His wife would like to pursue a degree in nursing.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. After completing over 21 years of creditable active service, the applicant retired on 31 May 2012 in the rank of master sergeant.
2. There is no evidence showing he elected to transfer his Post-9/11 GI Bill benefits to his dependents prior to retirement.
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'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 implementation (first 90 days), the applicant retired almost 3 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 showing 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) AR20140015537
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ABCMR Record of Proceedings (cont) AR20140015537
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