IN THE CASE OF:	  

		BOARD DATE:	 12 March 2015 

		DOCKET NUMBER:  AR20150000336 


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 records to show the date of his transfer of education benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his dependents as 31 July 2012.

2.  The applicant states:

* he accessed the milConnect Internet website on or about 31 July 2012 to transfer his Department of Veterans Affairs (VA) education benefits to his dependents, but the website did not work properly
* he unsuccessfully attempted to transfer his education benefits again in July 2013 and the points of contact were non-responsive at the time of his resubmission
* on 19 August 2013, he accessed the website to verify the status of his transaction
* he attempted to transfer the education benefits in good faith using the standard method on at least two occasions and he has a witness who had recently completed the same transaction
* he assumed that due to the call volume his efforts to work through the voice helpline were not answered
* his call was finally answered in December 2013 and the education benefits were transferred
* the current transfer date requires an additional service requirement and an earlier submission would not have
* he contacted the milConnect helpline and requested copies of his previous activities on the Internet website on 31 July 2012 and 25 July 2013 and he was advised the administrators of the website do not retain any records of activities on the website due to the large amount of data
* he was also advised there were numerous problems with the milConnect website and additional system administrators were hired to manage the increased volume of complaints

3.  The applicant provides:

* self-authored statement
* three email messages
* letter from the Department of Defense Manpower Data Center (DMDC), dated 17 December 2013
* memorandum for record (MFR), dated 23 January 2014
* Officer Record Brief (ORB), dated 7 November 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant is presently serving in the Regular Army in the rank/grade of colonel/O-6.  His mandatory retirement date is 1 February 2018.

2.  The applicant provided a self-authored statement outlining his attempts to transfer his educational benefits to his dependents.  He also provided a copy of his ORB and an MFR from another Soldier who stated he witnessed and provided over-the-shoulder guidance to the applicant with respect to his transfer of educational benefits in July 2012.  The other Soldier also stated he thought the applicant had successfully completed the transfer of his educational benefits prior to leaving the website.

3.  The applicant also provided copies of three email messages, dated 19 August 2013, 12 December 2013, and 16 December 2013, he submitted to the U.S. Army Human Resources Command, Fort Knox, KY, email account for the Post-9/11 GI Bill.

	a.  His email messages, dated 19 August 2013 and 12 December 2013, show he advised officials of his failed attempts to transfer his educational benefits to his dependents.

	b.  His email message, dated 16 December 2013, shows his transfer of educational benefits was received and he was advised to check the system after 3 business days for approval.

4.  On 17 December 2013, DMDC notified the applicant of his approved transfer of his unused Post-9/11 GI Bill benefits to his dependents.  His notification letter shows:

* 12 December 2013 as his transfer request date
* 13 December 2013 as his transfer status date
* 11 December 2017 as his obligation ending date

5.  His records are void of and he failed to provide a screen shot or evidence from the milConnect website showing any TEB requests for 2012.

6.  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.  Eligible individuals include members of the Armed Forces on or after 1 August 2009 who, at the time of 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.)  For those individuals who had an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service was required.  For those individuals eligible for retirement:

* on or after 1 August 2009 and before 1 August 2010, 1 year of additional service was required
* on or after 1 August 2010 and before 1 August 2011, 2 years of additional service was required
* on or after 1 August 2011 and before 1 August 2012, 3 years of additional service was required

7.  When the TEB provision was initiated in 2009, DOD, the VA, and the Army 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.

8.  Military Personnel Message Number 13-102, dated 15 April 2013, subject:  Post-9/11 GI Bill TEB 4-Year Service Obligation for Approved TEB Requests Submitted on/after 1 August 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).

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant could have elected the TEB as early as 1 August 2009, the date the TEB went into effect.  Had he elected the TEB at that time, he would have incurred a 1-to-3-year service obligation.

2.  DOD, the VA, and the Army conducted massive public campaigns that generated major communications through military, public, and social media venues.  The information was published well in advance with emphasis on the criteria.  A Soldier must meet various criteria to qualify for transfer of benefits to an eligible family member; most importantly, the Soldier must be on active duty or in the Selected Reserve at the time of transfer.

3.  The applicant continues to serve today.  His service and his sincerity are not in question; however, the applicant has been serving on active duty since the program was implemented in August 2009 and over 5 years have passed since this program was implemented.  He had sufficient time to submit his application and/or to verify that his application was submitted in the proper manner prior to the implementation of the 4-year service obligation.  There is no evidence he exercised due diligence in ensuring his request was received or approved prior to 1 August 2013.  There is neither an error nor an injustice in the applicant's transfer of benefits processing.  In view of the foregoing, he is not entitled to the requested 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 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)                                         AR20150000336



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ABCMR Record of Proceedings (cont)                                         AR20150000336



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