IN THE CASE OF:    

		BOARD DATE:  24 February 2015	  

		DOCKET NUMBER:  AR20150000217 


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, the date of transfer of his unused Post-9/11 GI Bill benefits be changed from 15 August 2012 to 9 December 2009. 

2.  The applicant states, in effect:

* on 9 December 2009, he submitted his request to transfer his unused Post-9/11 GI Bill benefits at the Fort Bliss, TX education center with the assistance of an education center officer
* on 2 February 2010, he went back to the Fort Bliss education center to ascertain the status of his request for transfer
* he was provided a printout, which he submitted with his application
* he was told by the receptionist his request had been approved and no further action was required
* in December 2012 he discovered an erroneous Transfer Status and Obligation date (as reflected in the second document he provides)
* he attempted to get this date corrected without success

3.  The applicant provides the above identified documents.

CONSIDERATION OF EVIDENCE:

1.  After prior enlisted service in the Army National Guard, the applicant enlisted in the Regular Army on 28 June 1994.  Following training, he was awarded military occupational specialty 11B (Infantryman).  After serving in various positions and achieving the rank/grade of staff sergeant/E6, he was released from active duty on 8 May 2002.  

2.  His records contain a DA Form 71 (Oath of Office - Military Personnel), dated 9 May 2002, which shows he was appointed a second lieutenant in the U.S. Army Reserve.  His branch is shown as Air Defense Artillery.  He is currently serving on active duty in the rank/grade of major/O-4.

3.  The applicant provides:

	a.  Defense Manpower Data Center (DMDC) printout, dated 5 February 2010, which shows:

* an entry for Educational Benefit Program, Post-9/11 GI Bill Chapter 33 which names a child, but there is no entry for either "Transfer Begin Date" or "Transfer End Date" 
* the entry for "Transfer Months" reflects "0"

	b.  The applicant provides a letter from the DMDC, dated 29 March 2013, which states his request to transfer his Post-9/11 GI Bill benefits to his immediate family member was approved.  It shows:

* transfer was requested on 15 August 2012
* applicant's obligation end date is 14 August 2016
* 24 months of educational benefits were transferred 

4.  On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members.  The policy states 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 from 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.

5.  The policy also states the months transferred must be in whole months.  The number of months of entitlement which can be transferred is no less than 18 months.

6.  The Army's program for the transfer of Post 9/11 education benefits is administered by the U.S. Army Human Resources Command (HRC).

DISCUSSION AND CONCLUSIONS:

1.  The applicant transferred a portion of his Post-9/11 educational benefit to his daughter and, as a result, incurred a 4-year obligation.  He contends he successfully completed the necessary application for this transfer on 9 December 2009, thus, he asserts, his 4 years of obligated service should end on 9 December 2013.  Instead, his records show his obligation ending on 14 August 2016.  He maintains this date resulted from a clerical error made by the staff of the Fort Bliss, TX education center.  He requests his records be corrected to show the 9 December 2013 date.

2.  Although he states he completed the application on 9 December 2009, he offers no supporting documentation, such as a printout showing successful submission, which would validate this claim.  The evidence he does provide is dated 5 February 2010 and reveals that, at least as of that date, "0" months had been transferred to his eligible child.  DOD policy guidance requires that at least one month be transferred.  This suggests that, while he may have completed the application, he apparently did not fulfill the DOD requirement of transferring at least 1 month until a later point.

3.  It is apparent from the evidence provided by the applicant he had the clear intent to transfer his education benefit to his child at least as early as 5 February 2010.  This intent is supported by the DMDC printout which shows he:

* completed the application as required
* entered his child's information
* checked the required boxes to enable the transfer



4.  Following his initial request to transfer benefits, he followed up with his supporting education center.  He was incorrectly led to believe his request had been properly processed and was approved.  He learned later this information was not accurate.

5.  Based upon the foregoing, and as a one-time exception to policy and a matter of equity, the Board should request that HRC amend their database to show the applicant's request to transfer 24 months of education benefits to his eligible child was submitted and approved as of 5 February 2010, the date of submission provided on his DMDC printout.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's transfer of Post-9/11 GI Bill benefits to show the:

* deletion of the transfer request, date of 15 August 2012
* addition a transfer request, date of 5 February 2010

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the dates any earlier than noted above.


      _______ _  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)                                         AR20150000217



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ABCMR Record of Proceedings (cont)                                         AR20150000217



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