IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019611
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 applied for the Post 9/11 GI Bill Transferability Program in order to transfer his education benefits to his dependent daughter before he retired from active duty on
30 September 2009.
2. The applicant states he was not aware that he could transfer his Post 9/11 GI Bill benefits to his dependents, or that such transfer had to be completed prior to retiring.
3. The applicant provides copies of:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) ending in 2005
* an email communication, dated 29 March 2012
CONSIDERATION OF EVIDENCE:
1. The applicant's military record contains a DD Form 214 showing he retired in the rank of staff sergeant, pay grade E-6 on 30 September 2009. It further shows at the time he had completed 21 years, 5 months, and 18 days of active military service.
2. The Post-9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public Law
110-252, House of Representatives 2642. In July of 2008, Congress passed a law for the Post-9/11 GI Bill, which went into effect on 1 August 2009.
3. Public Law 110-252, section 3319 provides the eligibility requirements necessary to transfer unused education benefits to family members. A service member may execute transfer of benefits only while serving as a member of the Armed Forces. The VA is responsible for final determination of eligibility for educational benefits under this program. General eligibility criteria are as follows:
a. Service members must have accrued specific qualifying active duty service on or after 11 September 2001 of at least 30 continuous days of qualifying active duty service if discharged due to a service-connected disability or; between 90 days and 36 months or more of total aggregate qualifying active duty service, and
b. Service members also must have served on active duty in the Regular Army; as a Reserve member ordered to active duty under Title 10, U.S. Code, sections 688, 12301(a), 12301(d), 12301(g), 12302 and 12304 (orders in support of contingency operations, i.e., mobilization), and must have received an honorable discharge at the conclusion of active duty service.
4. The program guidance stipulates that service members who have an approved retirement date after 1 August 2009 and before 1 July 2010, incur no additional service requirement.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show he applied for the Post 9/11 GI Bill Transferability Program in order to transfer his education benefits to his dependent daughter before he retired from active duty on 30 September 2009. He argues that he was not aware that he could transfer his Post 9/11 GI Bill benefits to his dependents, or that such transfer had to be completed prior to retiring.
2. The applicant had over 21 years of service upon his retirement, no additional service requirement, no evidence of any adverse action, and he would have been eligible to transfer the benefit to either his spouse or children if he had transferred it before he left the service.
3. During the initial implementation of this new program, many Soldiers at all grades were confused regarding their eligibility and/or the procedure to apply for such benefit. This confusion was exacerbated with heavy use of the DOD website and the lack of proper log-in credentials for those who may have signed out on transition leave within 90 days of the program implementation. Similarly, officials at some education centers may have also been confused regarding the implementation instructions and may not have conducted proper counseling.
4. His retirement date was 30 September 2009. It is reasonable to presume that had he been aware of the procedure to transfer his benefits while in an active duty status he would have done so. Therefore, as a matter of equity, his records should be corrected to show he did so in a timely manner prior to the effective date of his retirement.
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 the applicant filed his application and the Army approved his request to transfer Post 9/11 GI Bill benefits to his dependents prior to his retirement, 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) AR20100022691
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ABCMR Record of Proceedings (cont) AR20140019611
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