IN THE CASE OF:    

		BOARD DATE:  23 June 2015	  

		DOCKET NUMBER:  AR20140018528 


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, in effect, correction of his records to show he submitted a request to transfer his educational benefits to his family members under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states, in effect: 

	a.  Between October and December 2010 or 2011, he recalls having transferred his Post 9-11 GI Bill benefits to his children, Kelly, Ryan and Sean.  He does not recall which website he used, but it may have been a Department of Veterans Affairs (VA) website as there was some confusion as to which site to utilize to do this.  He has talked with a VA representative who confirmed that there was confusion in the initial stages of the roll-out of this benefit that affected a lot of service members.  He recalls putting percentages in for each of his children, but currently the milConnect website is showing that he never transferred the benefits and he can no longer transfer them since he retired on 28 February 2013.  He did not check on the transfer until May of 2014, because his son was ending his junior year of high school and he (the applicant) wanted to make sure he did not need to adjust some percentages. 

	b.  When he discovered that he was not enrolled, he contacted the U.S. Army Human Resources Command (HRC) website and they confirmed that he was not signed up and advised him that his only recourse was to submit a claim for an injustice/error.  Obviously he met all of the eligibility requirements at the time he signed up and at the time of his retirement for the transfer without incurring an additional service obligation, but for some reason it is no longer in the system.  He did not do a print screen at the time that he did the transfer as he thought the system would not fail. 

	c.  It is very disheartening to think that after 30 years of service he will lose out on this important benefit for his children because of a computer glitch.  It is also disturbing that the Army does not send out a hard copy that documents such an important benefit.  Also disconcerting is the fact that there was no out-processing/retirement paperwork that asks if he was briefed on or reviewed the transfer of his Post 9-11 benefits.  Any consideration that could be given to reinstate this benefit would be greatly appreciated.  

3.  The applicant does not provide any additional evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was born in February 1965.  

2.  He enlisted in the U.S. Army Reserve (USAR) on 24 February 1986.  He served through multiple reenlistments in a variety of assignments and he attained the rank/grade of command sergeant major (CSM)/E-9. 

3.  On 17 March 2005, HRC issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). 

4.  On 19 December 2012, HRC published orders transferring him to the Retired Reserve effective 28 February 2013.  His AHRC Form 249-E (Chronological Statement of Retirement Points) shows he completed approximately
28 qualifying years of service for non-regular retirement.  

5.  On 16 May 2014, he contacted HRC concerning the transfer of his education benefits.  An HRC official informed him that:

	a.  A request for a service member to transfer his/her Post 9/11 GI Bill benefits to eligible dependents had to be submitted through the Defense Manpower Data Center web application, accessible through http://milconnect.dmdc.mil.  If he had any screen shot of a previous transfer request submission, he should provide that to HRC for review.  Unfortunately, the database does not show a previously submitted transfer request.  

	b.  The only way that his children would be able to receive transferred benefits would be if his request was approved and backdated to the time that he believes he made the original request.  This would require consideration through the Army Board for Correction of Military Records.  If he believes he is eligible, there is a formal process to request a correction to a perceived error or injustice to his military records.   He will need to provide full justification and evidence of the error and injustice.  

6.  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 a member of the Selected Reserve.  A Soldier must also agree to serve the prescribed additional service obligation.  

7.  On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational benefits to eligible family members.  The policy states 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 meets various criteria.  One of the requirements is that an individual must have at least 6 years in the armed forces on the date of approval and agree to serve 4 additional years in the armed forces from the date of selection. 

8.  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 and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was eligible to transfer his education benefits under the TEB provision of the Post-9/11 GI Bill at the time this program was implemented.  However, there is no evidence he did so while still in the Selected Reserve, as required by law. 

2.  The Army, DOD, and VA conducted public campaigns that generated communications through military, public, and social media venues.  The information was published well in advance with emphasis on the criteria.  A Soldier must meet various criteria to qualify for transfer of benefits to an eligible family member; most importantly, the Soldier must be on active duty or in the Selected Reserve at the time of transfer.

3.  The program was implemented in August 2009 and the applicant continued to serve through February 2013.  His service and his sincerity are not in question; however, the applicant had been in the Selected Reserve since the program was implemented in August 2009 and over 3 years had passed since this program was implemented.  He had sufficient time to submit his application and/or to verify that his application was submitted in the proper manner.  There is no evidence he exercised due diligence in retaining a copy of this important document.  

4.  The requirements of this program are set in the law and any changes to this law are not within the purview of this Board.  There is neither an error nor an injustice in the applicant's transfer of benefits processing.  In view of the foregoing, he is not entitled to 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 that 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)                                         AR20140018528



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ABCMR Record of Proceedings (cont)                                         AR20140018528



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