IN THE CASE OF:	  

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150001908 


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 approval to transfer his educational benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post 9/11 GI-Bill. 

2.  He states:

* on or about 7 January 2012, he went into the Department of Veterans Affairs (VA) benefits website under the TEB provision of the  Post 9/11 
GI-Bill for his dependents
* he transferred 35 months to his son and 1 month to his spouse
* he was redirected to the milConnect website in order to complete the action
* the milConnect website did not transfer his education benefits to his dependents prior to his mobilization and deployment to Kuwait in 2012
* a command sergeant major (CSM) witnessed his submission of the  transaction in milConnect
* he remembers receiving confirmation through the Army Knowledge Online (AKO) email, but no longer has it in his records
* before he retired in 2014, he reconfirmed the transfer of his Post 9/11 
GI-Bill benefits
* it still showed in milConnect, but as of today it's not there
* he respectfully requests that the Board inquire with AKO and milConnect regarding the transaction

3.  He provides a witness statement.
CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  After prior enlisted service the applicant was appointed as a warrant officer in the United States Army Reserve (USAR) on 15 November 2004.  He was ordered to active duty in support of Operation Enduring Freedom on 
17 January 2012.  

3.  On 7 June 2013, an Army Human Resources Command (AHRC) official entered a statement into the "Transactions" history of the applicant’s Integrated Web Services - Soldier Management System (IWS-SMS) record indicating:

	a.  The Career Management Officer sent USAR warrants a copy of the message reference GI Bill transfer WASHINGTON (Army News Service, dated April 17, 2013).

	b.  "Beginning Aug. 1, 2013, every Soldier who elects to transfer their Post-9/11 GI Bill benefits to a family member will incur an additional 4 years in the Army, without regard to their time in service.  'This policy was drafted in 2009 and takes effect Aug. 1, 2013.  It is important that we inform Soldiers of this existing policy regarding the Post 9/11 GI Bill benefits,' said the Chief of the Enlisted Professional Development Branch, Army G-1."  

	c.  "The rule largely affects senior officers and enlisted Soldiers who are retirement-eligible.  As of now, these Soldiers may be able to transfer benefits to their loved ones with anywhere from zero to three years of additional service.  Soldiers who are not retirement eligible, electing to transfer their GI Bill benefits to a family member means re-upping for an additional four years.  Come 
1 August [2013], that rule will apply to all Soldiers, whether they are retirement-eligible or not."

	d.  "The Post-9/11 GI Bill.  Soldiers are entitled to the benefit for their own use, but to transfer (the benefit) to dependents: that is used as a recruiting and retention tool,' said the Chief of the Enlisted Professional Development Branch, Army G-1."  

	e.  "The Chief also serves as the policy proponent for the Army's Post-9/11 GI Bill Transfer of Education Benefits Program.  'We want Soldiers to be informed of the impact of this policy,' the Chief said.  'This is going to impact their decisions and their families, and whether or not they are going to have this money available to fund their dependent's education.'  The Department of Veterans Affairs (VA) also has eligibility requirements for transferability.  A Soldier must have six years of active duty in order to transfer GI Bill benefits." 

4.  On 4 May 2014, he was retired due to disability, permanent (enhanced) in the grade of chief warrant officer three/CW3 after completing a total of 23 years, 
9 months, and 2 days of creditable service.

5.  He submitted a memorandum from a CSM who indicates that on or about 
7 January 2012, while visiting the applicant:

	a.  The CSM explained to the applicant that if he was not going to use his Post- 9/11 GI Bill benefits, he should transfer his benefits to his spouse and son based on his previous deployments.

	b.  The applicant immediately went online via milConnect to transfer 
35 months of his Post 9/11 GI Bill to his son and 1 month to his spouse.

	c.  The CSM personally saw the transaction process from the applicant's personal computer.

6.  On 11 June 2015, a member of the Board contacted the AHRC Finance and Incentives Team, TEB Service Representative who provided a snapshot of the applicant's milConnect TEB request page and this page does not show he requested a transfer of his educational benefits to his family members.

7.  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 stated transfer was authorized for 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, was eligible for the Post-9/11 GI Bill and:
	a.  had at least 6 years of service in the Armed Forces on the date of election and agreed to serve four additional years in the Armed Forces from the date of election; or

     b.  had 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 agreed to serve for the maximum amount of time allowed by such policy or statute; or

	c.  was or became retirement eligible during the period from 1 August 2009 through 1 August 2013.  A service member was considered to be retirement eligible if he or she had completed 20 years of active service or 20 qualifying years of Reserve service. 
8.  Military Personnel Message 13-102, issued 15 April 2013, applies to Soldiers who will submit a Post-9/11 GI Bill transfer of education benefits request on or after 1 August 2013.  The message emphasized that all Post-9/11 GI Bill transfer of education benefit requests submitted and approved after 1 August 2013, will incur a 4-year service obligation from the transfer of education benefits request date, regardless of years of service (except when precluded by either policy or statute from committing an additional 4 years, e.g. temporary early retirement authority).
DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the applicant's contentions, there is insufficient evidence that shows he submitted a request to transfer education benefits to his family members while in an active status prior to 2014.  Although he and his witness state that he completed an application through milConnect in 2012, he offers no supporting documentation, such as a printout showing successful submission, which may validate his claim. 

2.  His service and sincerity are not in question.  However, the AHRC, Finance and Incentives Team, stated that he did not apply to transfer his education benefits to his dependents.  
3.  The applicant was serving in an active status when the program was implemented in August 2009, and was on active duty until 4 May 2014.  Therefore, it appears he had plenty of time to submit his application and/or to verify that his application was submitted in the proper manner prior to the mandated change effective 1 August 2013, which now requires a 4-year service obligation from the transfer request date regardless of years of service.  
4.  The requirement to transfer the benefits while a member serving on active duty or as a member of the Selected Reserve is embedded in the law and a change to the law is not within the purview of this Board.  
5.  It appears the applicant failed to transfer his educational benefits to his family members.  Based on the evidence at hand there appears to be neither an error nor an injustice in the applicant's transfer of benefits processing.  Accordingly, there is an insufficient evidentiary basis for granting his request.  

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)                                         AR20150001908



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ABCMR Record of Proceedings (cont)                                         AR20150001908



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