IN THE CASE OF:	  

		BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20140020013 


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 elected to transfer his education benefits to his dependent in accordance with the Transfer of Educational Benefits (TEB) provision of the Post 9/11 GI Bill.

2.  The applicant states:

* he was not properly informed of all requirements to enroll in Post 9/11 GI Bill
* the program was introduced when he had 18 years of service
* he had already prepared for retirement and he had decided to retire at his duty station
* he incorrectly assumed that since Soldiers who had previously retired automatically were eligible for TEB upon retirement, his son could use his benefit to pay for college
* he completed his Bachelor of Science in Business Administration and his Master of Business Administration while serving in the Army so he has no need for the GI Bill

3.  The applicant provides:

* Department of Veterans Affairs (VA) letter, dated 26 September 2014
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 March 2012
* Self-authored letter, dated 10 October 2014
* 
Army Review Boards Agency letter, dated 10 November 2014
* Member of Congress letter, dated 15 October 2014
* Privacy Act Release Form, dated 22 August 2014

CONSIDERATION OF EVIDENCE:

1.  After completing 20 years of total service for retired pay, the applicant was released from the Army on 31 March 2012 and placed on the retired list effective 1 April 2012 in the rank of sergeant first class (E-7). 

2.  The applicant did not provide evidence showing he attempted to transfer his benefits prior to leaving military service or that he was given false information by a reliable source about the rules of transferring education benefits.  The following criteria must be met:

	a.  A Soldier must be currently on active duty or a member of the Selected Reserve at the time of transfer of education benefits to his family member(s) on or after 1 August 2009.

	b.  A Soldier must have at least 6 years of eligible service in order to transfer education benefits to a spouse and at least 10 years of eligible service to transfer to eligible children.

	c.  A Soldier may only transfer to eligible family members.  To be considered an eligible family member the spouse or child(ren) must be enrolled in the Defense Eligibility Enrollment Reporting System (DEERS) and be eligible for DEERS benefits.

	d.  A Soldier must also agree to serve the prescribed additional service obligation based on the time the Soldier had in service on the date of their transfer request.

	e.  A Soldier must have no adverse action (flag) and have an honorable discharge to transfer benefits.  The applicant had no adverse action.  He was y retired for sufficient service for retirement.

	f.  A Soldier should not be granted relief based on unawareness of law, program rules, or procedures unless he/she left the service during the 
implementation phase (first 90 days) of the program.  The Army, Department of Defense (DOD), and VA initiated a public campaign plan that generated communications through military, public, and social media venues on the Post 9/11 GI Bill and subsequent transfer of education benefits.

	g.  A Soldier must initially request transfer of benefits on the DOD's TEB online database along with other required steps.

	h.  Changes to the amount of months allocated to dependents can be made at anytime, to include once the service member leaves military service, provided the service member allocates at least one month of benefits prior to separation.  If the service member allocates zero months, and subsequently leaves military service, they are not authorized to transfer unused benefits.

3.  On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education 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 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:

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  He submits no evidence to substantiate his contention that he was unaware he had to be on active duty at the time of transfer of education benefits to his dependent.  The applicant was placed on the retired list effective 1 April 2012.  He would have been eligible to transfer benefits had he done so prior to his retirement.

3.  The DOD, VA, and the Army conducted a public campaign plan that generated 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 months after the implementation, the applicant did not retire until over 2 years after the program was implemented.

4.  The applicant's argument that he was unaware that the law required he transfer his educational benefit prior to retiring is not a sufficient basis upon which to recommend granting 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)                                         AR20140020013





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ABCMR Record of Proceedings (cont)                                         AR20140020013



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