IN THE CASE OF: BOARD DATE: 14 August 2014 DOCKET NUMBER: AR20130021380 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, an exception to policy to transfer his educational benefits to his dependent under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. 2. The applicant states: * he submitted a TEB request for his dependent daughter around 15-17 August 2010 before he deployed to Afghanistan * the system used for the transfer stated the change was successful, but now the information is unavailable in milConnect (a web-based Internet application provided by the Defense Manpower Data Center (DMDC) for access to certain personal information) * he was told he could not transfer his benefits and it is unjust for her not to receive the benefits * he submitted his request for transfer in milConnect and his 20 years of service and right to help his daughter attend college should not be revoked due to a system error 3. The applicant provides email in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant retired from the Regular Army on 30 September 2012. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 20 years and 14 days of creditable active military service. 2. The applicant provided email communications between himself and the Finance and Incentives Branch, U.S. Army Human Resources Command (HRC), Fort Knox, KY, regarding his TEB election. That office advised the applicant they were unable to see that he had submitted a TEB request and advised him to submit a screen print of the previous transfer request. The applicant was further advised that HRC would be unable to assist him if he did not have proof of his previous TEB election attempt. 3. His records are void and he does not provide any evidence showing a TEB election attempt. 4. Department of Defense (DOD) Directive-Type Memorandum 09-003, dated 22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members. a. Eligible individuals include members of the Armed Forces on or after 1 August 2009 who, at the time of the approval of their request to transfer entitlement to educational assistance under this section, are eligible for the Post-9/11 GI Bill, and: b. have at least 6 years of service in the Armed Forces on the date of election and agree to serve 4 additional years in the Armed Forces from the date of election; or c. have at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, are precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agree to serve for the maximum amount of time allowed by such policy or statute; or d. were or became 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.) For those individuals who had an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service was required. For those individuals eligible for retirement: * on or after 1 August 2009 and before 1 August 2010, 1 year of additional service was required * on or after 1 August 2010 and before 1 August 2011, 2 years of additional service was required * on or after 1 August 2011 and before 1 August 2012, 3 years of additional service was required 5. The policy further states the Secretaries of the Military Departments will provide counseling on Post-9/11 GI Bill benefits 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. 6. A Soldier must be currently serving on active duty or as a member of the Selected Reserve at the time of transfer of educational benefits to his or her family members (on or after 1 August 2009). 7. Requests for TEB to eligible dependents must be submitted through a DMDC web application. DISCUSSION AND CONCLUSIONS: 1. The available evidence does not support the applicant's request for correction of his records to show he submitted a timely application to transfer his Post-9/11 GI Bill educational benefits to his dependent. 2. Information about the Post-9/11 GI Bill was widely available prior to the applicant's retirement and he was required to receive counseling on his Post-9/11 GI Bill benefits as part of his retirement processing. 3. He could have applied for TEB at any time from 1 August 2009 until his retirement on 30 September 2012. Unfortunately, it appears he did not print out the document stating the change was successful and there is no evidence that he submitted an application through the DMDC TEB web application. 4. In view of the foregoing, there is no basis for granting the applicant's requested 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 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) AR20130021380 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130021380 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1