IN THE CASE OF:	  

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150011982 


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 a waiver of his Post-9/11 GI Bill service obligation date.  If that is not possible, he requests the date of transfer of his Post-9/11     GI Bill benefits be changed to 1 July 2009.

2.  The applicant states:

   a.  When the program was approved to allow for the transfer of Post-9/11     GI Bill benefits to dependents, the command he was assigned to conducted a series of briefings to explain the program.
   b.  He was advised that he fell under an interim program that stated no additional service was required if he was eligible for retirement (20 years or more) on or before 1 August 2009.  In a command email message, it advised members to directly submit the request to transfer benefits to the Department of Veterans Affairs (VA) as the transferability website was not yet available.  
   c.  He submitted his request through the VA website.  He did not know his request had not yet been approved for the transfer of benefits until he attended a recent pre-retirement seminar.  The VA did not retain the submission he made in 2009, unbeknownst to him, as they were waiting for the Defense Manpower Data Center site to be established, which occurred after this event. 

3.  The applicant provides a 3-page email and 12 pages of briefing slides.



CONSIDERATION OF EVIDENCE:

1.  His records contain a DA Form 71 (Oath of Office - Military Personnel), dated 18 December 1991, which shows he was appointed a second lieutenant in the Regular Army.  His branch is shown as Infantry.  He is currently serving on active duty in the rank/grade of colonel/O-6.

2.  Evidence contained in his personnel records show a request for transfer of Post-9/11 GI Bill benefits was approved, which resulted in a service obligation through 20 May 2019.
3.  The applicant provides:
   a.  An email, dated 1 July 2009, referencing a Post-9/11 GI Bill briefing presented to the Mechanicsburg, PA, Navy Supply Corps Association on 29 June 2009.  The author states he personally attended the briefing and recommends utilizing the VA website as the authoritative source for eligibility.
   b.  12 pages of briefing slides, dated 29 June 2009, which provide an overview of  Post-9/11 GI Bill eligibility.
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 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 4 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 duty or 20 qualifying years of Reserve service. 
5.  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 May 2015.  Although he states he completed an application with the VA in 2009, 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, he was serving on active duty when the program was implemented in August 2009, and he remains on active duty to this day.  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.  
3.  The requirement to transfer the benefits while a member is serving on active duty or as a member of the Selected Reserve is embedded in the law and a change to this law is not within the purview of this Board.  Additionally, the Army Board for Correction of Military Records does not correct records solely for the purpose of establishing entitlement to other programs or benefits.  
4.  As it appears that the applicant failed to transfer the benefit prior to 1 August 2013, 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)                                         AR20150011982





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150011982



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1