IN THE CASE OF:  

		BOARD DATE:  24 September 2015

		DOCKET NUMBER:  AR20140019881


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 military records to show he transferred his education benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his dependents prior to being retired from the Regular Army.

2.  The applicant states he requested to transfer 50% of his Post-9/11 GI Bill benefits to his son prior to his retirement.  However, when he applied for the Department of Veterans Affairs (VA) education benefits for his son, he was told by the VA representative that his son was not eligible to receive any entitlement.  He is not sure how or what happened, but is certain that he transferred his Post-911 GI Bill benefit before the published suspense date and before he retired.  His son, who was 17 years of age at the time of his retirement was his only dependent eligible to receive his education benefit.  He paid out of his own pocket for his son’s tuition for his first semester because he was unable to determine, in a timely manner, where to appeal his case.  He has been getting the run around concerning who or what agency can provide him assistance with his TEB problem.  He served over 30 years in the Army and never witnessed this kind of error.  This mistake or oversight is costing him a great deal of money.  Thanks in advance for your time, patience and assistance.

3.  The applicant provides a copy of a TEB screen shot.



CONSIDERATION OF EVIDENCE:

1.  On 3 March 1983, the applicant enlisted in the Regular Army.  He completed more than 30 years of creditable active duty service and retired in the rank of sergeant major, pay grade E-9 on 31 August 2013.

2.  An advisory opinion was obtained from the Section Chief, Finance and Incentives Branch, U.S. Army Human Resources Command (HRC), who recommended disapproval of the applicant’s TEB request.

	a.  Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits.  Further, section 3020 of this law limits eligibility to transfer unused benefits to those service members who are serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.

	b.  The applicant stated he had submitted a TEB request but did not provide sufficient documentation supporting his contention.  In an email dated 7 July 2014, he stated he transferred his education benefits to his son before his retirement on 1 September 2013.  When asked by personnel at HRC to provide a screen shot of his previous transfer request, he stated that he did not have any documentation showing such transfer.  He further stated that the system had dropped his son.

   c.  The TEB screen shot the applicant provided to the Army Review Boards Agency is a TEB screen shot taken after his retirement as noted by the ineligible status of each dependent in the Relation column.  This also shows that the TEB system did not drop his dependents.
   
   d.  Numerous Soldiers access the TEB website and do not submit TEB requests.  Likewise, numerous Soldiers access the VA website and submit a VA Form 22-1990 for their personal usage of the Post 9/11 GI Bill, but do not submit a TEB request.  The TEB website has been in use by Soldiers for at least 4 years before the applicant’s retirement.  As of the date of his retirement, 194,938 Soldiers had submitted a TEB request of which 163,752 Soldiers had been approved for TEB.  The applicant had 4 years to research and request TEB prior to his retirement.  He did not follow-up on viewing the TEB website and did not provide sufficient documentation supporting the TEB submission claim.



3.  On 6 August 2015, a copy of the advisory opinion was sent to the applicant for his information and opportunity to respond.  No response was received.

4.  Department of Defense Instruction 1341.13, subject:  Post-9/11 GI Bill establishes policy for authorizing TEB in accordance with Title 38, U.S. Code, section 3319.  It states:

	a.  The Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. 

	b.  Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request for TEB under this section, may transfer that entitlement provided he or she meets one of these conditions:

		(1)  Has at least 6 years of service in the Military Services (active duty or Selected Reserve), on the date of approval and agrees to serve 4 additional years from the date of election.

		(2)  Has at least 10 years of service in the Military Services (active duty or Selected Reserve), is precluded by either standard policy or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.

		(3)  Is or becomes retirement eligible during the period from 1 August 2009 through 31 July 2012.  (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)  On or after 1 August 2013, all members must comply with the requirements listed above pertaining to individuals with 6 or more or 10 or more years of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he transferred his MGIB benefits under the TEB provision of the Post-9/11 GI Bill to his dependents prior to being retired from the Regular Army.



2.  The available evidence shows the applicant was eligible to TEB from the first day of the program on 1 August 2009.  He had 4 years in which to research and request TEB prior to his retirement.  He did not follow-up on viewing the TEB website and did not provide sufficient documentation supporting his TEB submission claim.

3.  In view of the above, the applicant’s request should be denied.

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)                                         AR20140009376



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ABCMR Record of Proceedings (cont)                                         AR20140019881



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