BOARD DATE: 25 November 2014 DOCKET NUMBER: AR20140005744 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 correction of his record to show he transferred his Post -9/11 GI Bill education benefits to his daughter. 2. The applicant states that while on active duty in Iraq in 2009 or 2010 he transferred his education benefits to his daughter. No confirmation was received on the computer used. Upon checking with the Army Reserve Education Assistance on 14 August 2013, he was advised no record of this transaction was displayed. He needs to have this mistake corrected administratively and was advised to submit an application since he is retired. He also states: a. A person by the name of Tom from the Army Reserve Education advised that the system during the 2009-2010 time frame had a lot of glitches. Often the submissions and applications failed to record and most were lost. He believes he falls into that category of failed submissions. b. At the time of application, it indicated that he qualified to transfer 36 months of education benefits. He needs these benefits in order to help support his daughter with a college education. She graduated from high school in May 2014 and has been accepted by colleges and universities. 3. The applicant provides copies of – * his July 2010 DD Form 214 (Certificate of Release or Discharge from Active Duty) * Department of Defense website milConnect for online transfer of education benefits (TEB) * page 1 of his online application, dated 18 August 2014 * his U.S. Army Reserve (USAR) retirement orders, effective 28 May 2013 * amendment to his USAR retirement orders, effective 7 November 2013 CONSIDERATION OF EVIDENCE: 1. The applicant, a career Reserve Component officer, served on active duty from 23 July 2009 to 22 July 2010, including 10 months and 9 days in Iraq. 2. On 7 November 2013, he retired as a lieutenant colonel with more than 30 years of service. 3. Public Law 110-252 (Supplemental Appropriations Act, 2008) provides the authority for members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 to transfer unused educational benefits to eligible family members. The Public Law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic educational assistance under this chapter to elect to transfer entitlement to unused educational benefits to one or more of the specified family members. a. An eligible individual is any member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, does not have an adverse action flag and has completed at least: (1) 6 years of service in the Armed Forces and enters into an agreement to serve at least 4 more years as a member of the Armed Forces; (2) 10 years of service in the Armed Forces on the date of election and cannot commit to 4 additional years due to a Retention Control Point (RCP) or Mandatory Retirement Date (MRD) must commit to serve for the maximum amount of time allowed by either RCP or MRD as of the date of request, regardless of the number of months transferred; or (3) the years of service as determined in Army regulations and established by the Secretary of the Army. b. An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement, as follows: (1) to the individual's spouse; (2) to one or more of the individual's children; or (3) to a combination of the individuals identified above. c. Provided the service member allocates at least 1 month of benefits to an eligible family member prior to separation, changes to the amount of months allocated to eligible family members can be made at any time, to include after leaving military service. DISCUSSION AND CONCLUSIONS: 1. There is no available evidence that the applicant transferred any educational benefits to a member of his family even though he was eligible to do so for more than 4 years after the TEB program went into effect. 2. Unfortunately, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ __X__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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) AR20140005744 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140005744 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1