IN THE CASE OF:    

		BOARD DATE:  24 September 2015	  

		DOCKET NUMBER:  AR20150003219 


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 transfer of her education benefits to her son under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states, in effect:

* her husband is active duty and she is a commissioned officer in the U.S. Army Reserve (USAR) 
* both she and her husband took action to transfer education benefits to their children; however, she does not have a copy of the documentation she submitted
* their daughter used education benefits transferred by her husband, as did their son (he is currently using those benefits)
* she and her husband recognized her husband's benefits would be exhausted before their son graduated, so she attempted to transfer her benefits to her son so that there would be a seamless transition
* in 2011, while deployed in Iraq, she again attempted to add her information to her son's record; she was unable to get the assistance she required, however, because the person to whom she spoke expressed concern she (the applicant) and her husband would be "double-dipping"
* in 2014, she once again tried to transfer education benefits; she was advised she needed to have her son listed under her social security number (SSN) in the Defense Enrollment Eligibility Reporting System (DEERS)

* she was successful in listing her son under her SSN, but the process took months and required special approval
* in April 2011 she attempted to transfer her education benefits to her son and due to a change in the rules for Soldiers in the Individual Ready Reserve (IRR) she was no longer able to make the transfer (she was in the IRR at that time because she was getting ready to retire
* U.S. Army Human Resources Command (HRC) advised her to return to active duty, or to become a troop program unit, then try again to make the transfer of the education benefit
* she made several attempts to return to active duty, but no funds were available as a result of Federal budgetary constraints, she was unsuccessful
* since her first attempts to transfer education benefits in 2009, she spoke to numerous people/offices; a few included:

* HRC Education Office 
* GI Bill Help Desk
* HRC Retirement Services
* Reserve Education Branch
* Reserve Programs and Services
* Defense Manpower Data Center (DMDC) Information Technology Help Desk
* DMDC DEERS Help Line 
* Fort Hood DEERS
* Department of Veterans Affairs (VA) Veterans' Assistance Office located at the Virginia Commonwealth University

* she felt like she was in a game of ping-pong, bouncing back and forth, from the Department of Defense (DOD) to the VA and back again
* although she has some email which documents some of her efforts, she does not have copies of what was submitted
* she was advised to have her son provide a request for benefits, and then she was advised he should not provide such a request because it would stop the benefits he was currently receiving from his father
* she was aware of the benefit, and the timelines required for submission
* she and her husband took action to transfer education benefits; his efforts were successful, hers were not
* her experience was one of receiving conflicting guidance, in some cases no guidance, and observing confusion as a result of multiple agency responsibility
* she is now in the Retired Reserves and her son is 23 years old; she has no other option but to request favorable consideration by the Board
3.  The applicant provides a copy of her email correspondence with the Chief of the Services and Support Division within the G-1 of the U.S. Army Reserve Command.

CONSIDERATION OF EVIDENCE:

1.  After having prior service as a Regular Army commissioned officer, the applicant's records show she was appointed as a commissioned officer in the USAR.  She executed her oath of office on 31 July 1985.  She served in a variety of positions and rose to the rank/grade of colonel (COL)/O-6.  

2.  Records show she was assigned to the Retired Reserve effective 1 August 2014.

3.  Her records contain no evidence she transferred her Post-9/11 GI Bill benefits to any member of her family.

4.  HRC has a web-based collection of data called the Soldier Management System wherein records of requests for assistance by Soldiers to HRC are filed.  Of 56 contacts and 33 cases shown for the applicant, there is one entry, dated 23 April 2014, regarding the transfer of Post 9/11 GI Bill education benefits.  This entry essentially states, in effect:

* the applicant called with questions about the TEB
* she noted her husband's name had appeared in DEERS but her son's name as of Friday; as of the date of her call neither name was there
* the HRC representative informed the applicant her IRR status caused this and was the result of a change made by DMDC
* the HRC representative went on to say Soldiers in an IRR status would no longer show any dependents in the TEB to whom benefits could be transferred, however if the Soldier had previously transferred at least 1 month to a dependent, that dependent would still appear in the TEB
* the applicant was further told she would have to reenter a Selected Reserve status or as an IRR on active duty, and remain in one of those statuses until her mandatory retirement date to be able to effect a transfer of education benefits
* the applicant was told the policy as it then existed was under revision and, once the new policy was implemented, it could result in her request for TEB to be rejected; this was because, based upon her mandatory retirement date, she would not be able to fulfill the associated 4-year service obligation

5.  An advisory opinion, dated 24 April 2015, was obtained from HRC which recommended disapproval of the applicant's request.  The advisory essentially stated:

	a.  Public Law 110-252 establishes legal limits on the transferability of unused Post 9/11 GI Bill Benefits.  Further, section 3020 of that law limits the eligibility to those member of the Armed Forces serving on active duty or as a member of the Selected Reserve (SELRES) on or after 1 August 2009.  The applicant offered no evidence that she submitted a transfer of benefits prior to leaving military service and/or received false information from a reliable source with regard to the transfer of education benefits.

	b.  The applicant had numerous opportunities to transfer her education benefits while in the SELRES and during her periods as an IRR Soldier on active duty.  She did not exercise those opportunities before she was transferred to the Retired Reserve on 1 August 2014.

	c.  The applicant had several chances to add her dependents on DEERS while in the SELRES and active IRR status but did not do so until no longer in an eligible status.

	d.  The applicant voluntarily transferred on, 15 April 2012, from the SELRES to the IRR for what she stated were cogent reasons.  After entering an IRR status, she entered active duty again for the following periods:  31 May to 14 July 2013 and from 6 January to 19 February 2014.  Had her dependents been reflected on her DEERS, she would have been able to effect the transfer.  She did not do so.

	e.  The applicant called HRC on 23 April 2014 with questions about transferring education benefits to her son.  She was told, while in an IRR status, she was ineligible.  She was also advised that if she reentered an SELRES status or became an IRR on active duty she would be able to use the TEB.  The applicant was told HRC could assist her with the transfer once she was in either status.  She was apparently unsuccessful in reentering the SELRES or IRR on active duty statuses prior to placement in the Retired Reserve.

6.  On 14 May 2015, the applicant was provided a copy of the advisory opinion and she did not offer a response.  

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 states an eligible member is 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 the maximum amount of time allowed by such policy or statute; or

	c.  Is or becomes 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was fully eligible to transfer her education benefits under the TEB while she was in an SELRES and/or IRR on active duty status.  An additional requirement was for her DEERS account to show the dependents to whom she wanted to transfer benefits.  She did not complete these requirements while in an SELRES or IRR in an active status.

2.  The requirements of this program are set in the law and any changes to the law are not within the purview of this Board.  There is no provision within the law which would permit the Board to grant the applicant the relief she requests.

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)                                         AR20150003219



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ABCMR Record of Proceedings (cont)                                         AR20150003219



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