IN THE CASE OF:	  

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150002926 


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 an exception to policy to transfer his unused educational benefits to his dependent child under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states that during his retirement out-processing, he attended several briefings from the Army Education Center in reference to the transfer of education benefits to dependent children.  He was referred to a web site to transfer benefits to his daughter and thought that the process was complete prior to his separation.  He was aware of the 1 August deadline to submit the request to transfer benefits to his daughter and was under the impression that he had completed all required actions.  However, there was a miscommunication of the process to transfer benefits to his daughter.  He was told that the only requirement was to go to a web site and select the number of months he desired to transfer and the process was complete.  He completed this step prior to the deadline.  He was not aware of any location or web site where he could follow up to ensure the education benefits were transferred.  He was under the impression that it would not be an issue.  His daughter started college in January and he went to E-benefits to attempt to transfer more months of eligibility, but found out the request was never approved.  He attempted to contact GI Bill, the E-benefits education counselor, and the milConnect education counselor to correct this and was told they could not help him.  He served for 30 years and just wants to transfer education benefits to his daughter.



3.  The applicant provides a self-authored statement, dated 5 February 2015, and a copy of his milConnect TEB page, printed on 28 January 2015.

CONSIDERATION OF EVIDENCE:

1.  The applicant retired from the Regular Army on 30 September 2013 in the rank/grade of command sergeant major (CSM)/E-9 after completing over 29 years of active duty service.  

2.  He provides a page from the TEB online database that shows his wife, CH, his two sons BMH and TNH, and his daughter ANH were all listed as receiving zero months.  This form did not list an approval status date, indicating that the names are reflected only because they are listed in the Defense Enrollment Eligibility Reporting System (DEERS) database, and not as a result of a submission on the applicant's part.
 
3.  The Department of Defense (DoD) established the criteria for eligibility and transfer of unused education benefits to eligible family members on 22 June 2009.  The policy limits the entitlement to transfer education benefits to any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of his or her 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.

4.  After 1 August 2013, all Soldiers electing TEB incur a 4-year service remaining requirement to retain the benefit.  

5.  Public Law 110-252, section 3020, limits eligibility to transfer unused educational benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.  A Soldier must be on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his/her family members.

6.  Changes to the amount of months allocated to family members can be made at any time, to include once a service member leaves military service, provided the member allocates at least 1 month of benefits prior to separation.  If the service member allocates zero months and subsequently leaves military service, he or she is not authorized to transfer unused benefits.

7.  The DoD, Army, and the Department of Veterans Affairs (VA) initiated a public campaign plan that generated communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent transfer of educational benefits.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was fully eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to retirement.  In fact, the evidence indicates he was fully eligible when the program began on 1 August 2009.  However, the evidence of record shows that, for whatever reason, he did not transfer any of his benefits to his wife or children in the TEB online database.

2.  Changes to the number of months allocated to family members cannot be made unless the service member allocates at least 1 month to each eligible family member.  If the service member allocates zero months and subsequently leaves military service, he or she is not authorized to transfer unused benefits.  

3.  The DOD, the VA, and the Army conducted a public campaign plan that generated communications through military, public, and social media venues.  The program was implemented on 1 August 2009.  The applicant retired on 
30 September 2013.  The information was published well in advance of his retirement with emphasis on the criteria.  It is unclear why, during the 4 years between the program starting and his retirement, he did not ensure he had completed the requirements to enroll his family members in this well-publicized program.  

4.  The requirement to transfer the benefits while a member is on active duty is embedded in the law.  The applicant did not transfer or verify the transfer of his benefits to his wife or children while serving on active duty as required by law.




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)                                         AR20150002926





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ABCMR Record of Proceedings (cont)                                         AR20150002926



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