IN THE CASE OF: BOARD DATE: 3 July 2012 DOCKET NUMBER: AR20120000669 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 of transfer of educational benefits (TEB) under the Post 9/11 GI Bill to her dependents. 2. She states: * she retired on 31 August 2009 * she was on terminal leave from 28 June 2009 until retirement * during her outprocesseing she received a pamphlet on the Post 9/11 GI Bill published in June 2008 * she was not made aware or informed of the provisions to transfer her education benefits to family members while on active duty 3. She does not provide any additional evidence. CONSIDERATION OF EVIDENCE: 1. After completing 21 years, 7 months, and 12 days of active duty service, the applicant was retired on 31 August 2009 in the grade of major (MAJ)/O-4 2. During the processing of this case, on 13 March 2012, an advisory opinion was obtained from the Chief, Education Incentives Branch, U.S. Army Human Resources Command, Fort Knox, KY, who recommended approval of the applicant's request. The advisory official stated: a. Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits. The law limits eligibility to transfer unused 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. b. The applicant is eligible to transfer benefits under the Post 9/11 GI Bill TEB Program to her dependents because she left the service within 90 days of the implementation of the program. Although significant measures were taken to disseminate the information to all Soldiers within all Army components during the initial phase of the program, many Soldiers that left service during the first 90 days of the program were not fully aware of the requirement to transfer prior to leaving military service. c. The applicant's last day in service was 31 August 2009 and she would have been eligible to transfer the benefit if she transferred before she left the service. d. The TEB online database shows that the applicant had two eligible dependents enrolled in the Defense Eligibility Enrollment Reporting System (DEERS). She was eligible to transfer those benefits to both of those dependents. 3. A copy of the advisory opinion was forwarded to the applicant, but she failed to respond. 4. On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy states an eligible individual 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 for 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 or 20 qualifying years of Reserve service. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant retired on 31 August 2009, within 90 days of the implementation of the program authorizing transfer of Post 9/11 GI Bill benefits. 2. In view of the available evidence and the advisory opinion, it would be appropriate to correct her record to show she submitted a timely request to transfer her Post 9/11 GI Bill benefits to her dependents prior to her retirement. BOARD VOTE: ____x___ ____x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed her application and the Army approved her request to transfer Post 9/11 GI Bill benefits to her dependents prior to her retirement, provided all other program eligibility criteria are met. _______ _ __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) AR20120000669 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120000669 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1