IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140020958 


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 her record to show her request to transfer her education benefits to her eligible dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill was approved.

2.  The applicant states she meets the eligibility requirements to transfer the benefits under the Post-9/11 GI Bill as delineated in current Department of Defense (DOD) and Army policies governing the TEB.  She states that she is a member of the armed forces serving on active duty, her service meets the start date requirement of 1 August 2009, she has at least 10 cumulative years of service in the Uniformed Services on the date of election, she is precluded by standard service policy from committing to 4 additional years of service due to selection for separation by an Officer Separation Board (OSB), and she agrees to serve for the maximum amount of time allowed by the policy, through 30 April 2015.

3.  The applicant provides:

* Office of the Deputy Chief of Staff (DCS), G-1, Director of Military Personnel Management (DMPM), denial of applicant's request for a TEB exception to policy
* information paper
* emails
* website screen printout of her TEB request
* excerpts from various board announcements
* Military Personnel (MILPER) Message Number 14-313
* All Army Activities Message 003/2013
* applicant's memorandum to the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA (M&RA)) requesting a TEB exception to policy 
* DOD Instruction (DODI) 1341.13
* ASA (M&RA) Memorandum, subject:  Post-9/11 GI Bill - Policy Memorandum
* U.S. Army Human Resources Command (HRC) Post-9/11 GI Bill Frequently Asked Questions website screen printout
* Office of the Undersecretary of Defense Directive-Type Memorandum (DTM) 09-003:  Post-9/11 GI Bill
* HRC Brief on GI Bills
* Official DOD websites and requirements for eligibility to transfer education benefits
* multiple MILPER messages/board announcements for various separation boards, including Qualitative Service Program (QSP), OSB, Selective Early Retirement Board (SERB), Enhanced SERB (ESERB), and Qualitative Management Program (QMP)
* applicant's request for exception to policy
* applicant's request to transfer benefits
* MILPER Message 13-357 announcing Fiscal Year 2014 (FY14) Major Boards and subsequent counseling and notifications

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Regular Army in the rank of major. 

2.  Her transaction history in the HRC Integrated Web Services shows that:

	a.  on 7 August 2014, an entry was made indicating she had been selected by the 2014 Major OSB for release from active duty.

	b.  on 29 August 2014, an entry was made showing her TEB request was disapproved because she did not submit a request prior to the OSB/ESERB release date of 30 July 2014; therefore, she was no longer eligible for TEB.

3.  She provides multiple email communications associated with her attempts to gain approval to transfer her Post-9/11 GI Bill benefits.

	a.  An email, dated 19 August 2014, indicated that the Office of the General Counsel (OGC) supported the assertion that officers selected for release from active duty under an OSB would remain eligible to transfer their education benefits as long as they served until their service-directed separation date.
	b.  An email from the HRC Finance and Incentives Branch, dated 29 August 2014, informed the applicant that her request to transfer her Post-9/11 GI Bill benefits was disapproved because she did not request to transfer benefits before the approval/release date of 30 July 2014, for those individuals selected for release from active duty under the OSB/ESERB.  It stated that, unfortunately, she was no longer eligible to transfer her benefits to her dependents and that this requirement is outlined in MILPER Message 13-157 under paragraph 15.

4.  On 8 September 2014, she requested that the DCS, G-1, grant an exception to policy for her to transfer the unused portion of her Post-9/11 GI Bill education benefits to family members.  She stated she is eligible to transfer the benefits under the Post-9/11 GI Bill because she meets the eligibility requirements delineated in current DOD and Army policies governing the TEB.  She stated that she is a member of the armed forces serving on active duty, her service meets the start date requirement of 1 August 2009, she has at least 10 cumulative years of service in the Uniformed Services on the date of election, she is precluded by standard service policy from committing to 4 additional years of service due to selection for release from active duty by an OSB, and she agrees to serve for the maximum amount of time allowed by the policy, through 30 April 2015.

	a.  She further stated that she requested the transfer of benefits on the Defense Manpower Data Center (DMDC) website as required, but her request to transfer the benefits had been disapproved by the Army.  Her request was disapproved because she had "not committed to the required additional service time."  However, she had agreed to serve the maximum amount of time allowed by the OSB, which is through 30 April 2015.

	b.  She stated that according to the HRC Finance and Incentives Branch, her request was disapproved because she "did not request to transfer education benefits before being selected under the OSB/ESERB approval/release date of 30 July 2014" and she is therefore no longer eligible to transfer her Post-9/11 GI Bill benefits to her dependents.  She was advised that this requirement is outlined in MILPER Message 13-357, paragraph 15.  She stated that this paragraph is not sufficiently clear.  The message only states that if you meet eligibility requirements, "your selection for involuntary separation will not impact benefits for your own use."  This paragraph is silent on the impact of the separation board on TEB for service members who have not yet transferred the education benefits.  The message does not state that there is an actual impact to the transferability of benefits to dependents, and neither does it state that once selected by the board a service member will not be allowed to transfer the benefits.  The only place she found clear language which states the impact of a board on TEB is in MILPER Message 14-043 which announces the 2014 Master Sergeant QSP.  Regretfully, she learned of this message only after she began researching this topic.

5.  On 4 December 2014, the DCS, G-1, DMPM, denied her request for an exception to policy.  In his denial, he stated that the TEB is not an entitlement.  The purpose of the TEB is to enhance both recruiting and retention.  Soldiers must agree to an associated additional service obligation in order to transfer their education benefits to their dependents.  Soldiers selected for involuntary separation who initiated TEB prior to selection have the service obligation set aside.  Once a Soldier is approved for denial of continued service, they are no longer eligible to transfer benefits.

6.  On 11 December 2014, the applicant submitted a request to the ASA (M&RA) requesting approval to transfer Post-9/11 GI Bill education benefits to her children.  Therein, she stated she was selected for involuntary release from active duty as a result of the OSB earlier this year.  When she attempted to request transfer of education benefits on the DMDC website as required, her request was disapproved because she had "not committed to the required additional service time."  However, she had agreed to serve the maximum amount of time allowed by the OSB, which is through 30 April 2015.  She states she sought relief from Army, G-1, but her request to transfer the educational benefits was denied.  She asked that the ASA (M&RA) review her request and render a different decision.

7.  DODI 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 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.

8.  She provides multiple MILPER messages to show the language used with regard to impact of selection for involuntary separation/release from active duty under various separation programs such as QSP, OSB, SERB, ESERB, and QMP.

9.  DOD DTM 09-003, dated 22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members.  It states that eligible individuals include members of the Armed Forces on or after 1 August 2009 who, at the time of the approval of their request to transfer entitlement to educational assistance under this section, are eligible for the Post-9/11 GI Bill, and: 

	a.  have at least 6 years of service in the Armed Forces on the date of election and agree to serve 4 additional years in the Armed Forces from the date of election; or

	b.  have at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, are precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agree to serve for the maximum amount of time allowed by such policy or statute; or

	c.  were or became 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.)

10.  MILPER Message Number 13-357, Title:  FY14 OSB and ESERB, Major, Army Competitive Category (ACC), dated 6 December 2013, announced that the Secretary of the Army had authorized use of OSB's in support of achieving a reduced Army end strength.  The FY14 OSB was to consider majors in the ACC meeting the statutory eligibility outlined in the message.  Paragraph 15 addressed the impact of the OSB on Post-9/11 GI Bill benefits.  It stated, "Impact on Montgomery GI Bill and Post-9/11 GI Bill benefits: if you otherwise meet Department of Veterans Affairs (VA) Montgomery GI Bill or Post-9/11 GI Bill eligibility requirements, your selection for involuntary separation will not impact benefits for your own use.  In addition, members who transferred benefits to dependents prior to selection will retain their transfer and not face recoupment if they agree to serve until the mandatory date of separation established for them by the Secretary of the Army." 

11.  MILPER Message Number 13-102, Title:  Post-9/11 GI Bill TEB Four-Year Service Obligation for Approved TEB Requests Submitted On/After 1 [August 2013], dated 15 April 2013, was issued to emphasize that all TEB requests submitted on or after 1 August 2013 would incur a 4-year service obligation from the TEB request date regardless of years in service (except when precluded by policy or statute from committing to an additional 4 years).

12.  When the TEB program was initiated in 2009, the Army, DOD, and VA initiated a massive public campaign that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and the TEB.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, there is an insufficient basis for granting her request.

2.  Though she could have requested the TEB well in advance, evidence indicates she requested the TEB after the OSB approval/release date of 30 July 2014.  On 29 August 2014, her request was disapproved because she could not complete the required 4-year service obligation due to her selection for release from active duty, an additional service requirement that the Army would have set aside had she requested TEB prior to the OSB approval/release date.

3.  Although the applicant claims she was not properly informed due to unclear language in the MILPER message regarding the impact selection by the OSB would have on the TEB, MILPER Message Number 13-357 clearly indicates how selection for release by an OSB would affect the TEB as members had to transferred benefits to their dependents prior to selection.  Further, information on the TEB has been readily available since the program began in 2009.  It appears she is solely responsible for delaying her application for the TEB. 

4.  Further, there is no disagreement with the email statement that the OGC supported the assertion that officers selected for release from active duty under an OSB would remain eligible to transfer their education benefits as long as they served until their service-directed separation date -- so long as, if otherwise eligible, the service member requested a transfer of benefits before the OSB/ESERB approval/release date of 30 July 2014.

5.  Policy does not authorize TEB in her situation.  While it is unfortunate that her delay in applying for the TEB and her selection for release from active duty by an OSB have combined to deprive her of this benefit, there is no evidence of error or injustice that would warrant granting the requested relief.  As such, there is no basis for correcting her record to show she transferred her Post-9/11 GI Bill education benefits to her family members. 

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)                                         AR20140020958



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ABCMR Record of Proceedings (cont)                                         AR20140020958



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