IN THE CASE OF: BOARD DATE: 17 January 2013 DOCKET NUMBER: AR20120006969 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, in effect, correction of his record to show he submitted a timely application to transfer his Post-9/11 GI Bill education benefits to his spouse. 2. He states in March 2012 he learned Post-9/11 GI Bill education benefits cannot be transferred after retirement. Had he been informed that he had to transfer the benefits prior to retirement, he would have done so. 3. He provides: * DD Form 93 (Record of Emergency Data) * DD Form 214 (Certificate of Release or Discharge from Active Duty) CONSIDERATION OF EVIDENCE: 1. The applicant's DD Form 214 for the period ending 26 October 2011 shows he was retired by reason of temporary disability. Effective 27 October 2011, he was placed on the Temporary Disability Retired List (TDRL). His record shows he completed 21 years of service in the Regular Army and Army National Guard qualifying for retirement. 2. 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 any member of the Armed Forces on or after 1 August 2009 may transfer benefits if, at the time of the approval of the request to transfer entitlement to educational assistance under this section, the member 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.) 3. The policy further states the Secretaries of the Military Departments will provide counseling on the benefits under the Post-9/11 GI Bill to active duty participants and members of the Reserve Components with qualifying active duty service prior to separation or release from active duty and document accordingly. 4. During the implementation phase of the program (the first 90 days), many Soldiers were unaware of the requirements for transferring Post-9/11 GI Bill education benefits. The Army, DOD, and VA initiated a massive public campaign that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and transfer of benefits. DISCUSSION AND CONCLUSIONS: 1. The available evidence does not support the applicant's request for correction of his record to show he submitted a timely application to transfer his Post-9/11 GI Bill education benefits to his spouse. 2. Information on the Post-9/11 GI Bill was widely available when he was retired nearly 2 years after the implementation phase had ended. Further, as part of his retirement processing, he was required to receive counseling on his Post-9/11 GI Bill benefits. 3. Notwithstanding the foregoing, he claims he did not learn of the requirement to transfer benefits until approximately 5 months after he was placed on the TDRL. There is no evidence indicating he was inequitably deprived of information on the transfer of education benefits prior to being retired. This being the case, his claim of ignorance of the program requirements is an insufficient basis for granting relief. 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) AR20120006969 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120006969 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1