IN THE CASE OF:	  

		BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140018165 


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 transferred his Montgomery GI Bill (MGIB) educational benefits to his daughter under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill prior to retiring from active duty.

2.  The applicant states he transferred a portion of his MGIB educational benefits to his son (Quinten S.) and his daughter (Rachel C.) had 0 months; however, she was listed as his dependent.

   a.  The applicant states that his request for TEB was approved and his son began using the benefits in 2008 until he graduated in 2012.  The applicant did not change anything in the TEB program until he attended a one-week Transition Assistance Program briefing in June 2013.  At that time he was told to make sure he selected himself as an eligible beneficiary in the event he changed his mind about using the educational benefits himself.  

   b.  In 2014, he called the Department of Veterans' Affairs to verify the eligibility status of his daughter and to start her TEB process.  He was advised to contact the U.S. Army Human Resources Command (HRC) because his daughter's name was not listed in the TEB database to receive his educational benefits.  The HRC representative informed him that his daughter would not be able to use his educational benefits because her name was not selected as an eligible beneficiary to receive his educational benefits.

   c.  He adds that several years ago his daughter was diagnosed with Rosai-Dorfman (RD).  It caused her to be sick at times and also required several surgeries.  (RD is a rare histiocytic disorder which involves the over-production of a type of white blood cell called non Langerhas sinus histiocyte.  RD is usually not life-threatening and many patients do not require treatment.)  She is not fully cured of the disease and this has inspired her to continue her education in hopes of becoming a doctor and to help find a cure for the disease.

3.  The applicant provides no documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 June 1988.  Through a series of reenlistments he continued to serve on active duty and was promoted to sergeant first class/pay grade E-7 on 1 February 2006.

2.  Headquarters, U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, NC, Orders 210-0266, dated 29 July 2013, released the applicant from active duty on 30 June 2014 and transferred him to the U.S. Army Reserve (USAR) Control Group (Retired) effective 1 July 2014.

3.  A review of his Official Military Personnel File shows that Quinten S. (son) and Rachel C. (daughter) were listed as his dependents prior to and at the time he retired from active duty.

4.  A review of the milConnect TEB webpage shows in the Acknowledgements section, in pertinent part, "I understand I may transfer up to 36 months (or my remaining months of eligibility, whichever is less) of my educational benefits to spouse and/or children, and can modify or revoke my election at any time."

5.  Public Law 110-252 (Supplemental Appropriations Act, 2008) provides the authority for members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 to transfer unused educational benefits to eligible family members.  The Public Law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic educational assistance under this chapter to elect to transfer entitlement to unused educational benefits to one or more of the specified family members.  Provided the service member allocates at least 1 month of benefits to an eligible family member prior to separation, changes to the amount of months allocated to eligible family members can be made at any time, to include after leaving military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was fully eligible to transfer his educational benefits under the Post-9/11 GI Bill transferability program prior to retirement.  

2.  The evidence of record shows he transferred a portion of his educational benefits to his son (Quinten).  There is no evidence of record that he transferred any of his educational benefits to his daughter (Rachel).

3.  The applicant retired from active duty on 30 June 2014 and transferred to the USAR Control Group (Retired) on 1 July 2014.

4.  The implementing policy guidance established by the Department of Defense shows that, provided the service member allocates at least 1 month of benefits to an eligible family member prior to separation, changes to the number of months allocated to eligible family members can be made at any time, to include after leaving military service.

   a.  The TEB Acknowledgements shows, in pertinent part, that he could modify or revoke his election at any time and that he retained the right to change or modify months of entitlement (up to 36 months) at any time until they are exhausted.  However, it does not show a requirement to transfer a minimum of 
1 month of benefits to an eligible dependent to establish their eligibility.
   
   b.  Thus, the TEB Acknowledgements are not clear because they advise that the election can be modified at any time until educational benefits are exhausted; however, they do not provide information regarding the requirement to transfer at least 1 month of benefits to an eligible dependent upon enrollment.

5.  Therefore, as an exception to policy, it would be appropriate in this case to correct the applicant's military records to show he elected to transfer a portion of his benefits to his daughter (Rachel) as an eligible family member under the Post-9/11 GI Bill transferability program prior to his retirement date.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he elected and the Army approved his request to transfer a portion of his benefits to his daughter (Rachel Charmaine N---) as an eligible family member under the Post-9/11 GI Bill transferability program prior to his retirement date, provided all other program eligibility criteria are met.




      ___________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)                                         AR20140018165



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ABCMR Record of Proceedings (cont)                                         AR20140018165



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