IN THE CASE OF:
BOARD DATE: 21 July 2015
DOCKET NUMBER: AR20140020485
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 educational benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states upon his retirement from the military he was not informed of how to transfer his Post-9/11 GI Bill to his dependents. He stayed in the Army for an extra 3 years so he could transfer his benefits to his dependents.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 July 2014.
CONSIDERATION OF EVIDENCE:
1. He enlisted in the Regular Army on 22 March 1991. On 31 July 2014, he retired from the Regular Army. He completed 23 years, 4 months, and 9 days of net active service this period. He attained 20 years of active service on 21 March 2011.
2. Department of Defense (DOD) Directive-Type Memorandum 09-003, dated 22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members.
a. 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:
(1) has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election, or
(2) 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.
(3) Soldiers who attained 20 years of service on or after 2 August 2010 and before 2 August 2011, 2 years of additional service from the date or request are required.
b. An individual approved to transfer entitlement to educational assistance may transfer such entitlement to the individual's family member(s) only while serving as a member of the Armed Forces.
3. Military Personnel Message Number 12-102 was issued on 15 April 2013 to emphasize that all Post 9/11 GI Bill TEB requests submitted and approved on/after 1 August 2013 will incur a 4-year service obligation from the TEB request date, regardless of years in service (except when precluded by either policy or statue from committing an additional 4 years).
DISCUSSION AND CONCLUSIONS:
1. He contends he was not informed of how to transfer his Post-911 GI Bill benefits to his dependents at the time of his retirement.
2. The applicant was eligible to transfer benefits to his dependents at any time after 1 August 2009.
a. If he had requested a TEB at the time he attained 20 years active service on 22 March 2011 he would have been required to agree to service an additional 2 years of active service.
b. If his request to transfer his Post-9/11 benefits was submitted and approved on/after 1 August 2013 he would have been required to incur a 4-year service obligation from the TEB request date.
3. The DOD, Department of Veterans Affairs, 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 stages after the implementation, the applicant was retired over 4 years after the program was implemented.
4. In view of the above, there is no basis upon which to grant relief in this case.
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) AR20140020485
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140020485
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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