IN THE CASE OF: BOARD DATE: 10 NOVEMBER 2015 DOCKET NUMBER: AR20150003644 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 records to show he elected transfer of his educational benefits to his dependents under the Transfer of Education Benefits provision of the Post-9/11 GI Bill. 2. The applicant states: a. During a retirement briefing, it was explained that changes were implemented in the transferring of Post-9/11 benefits to dependents and that service members had to transfer the benefits by a specific date. They were told that if a service member had already transferred benefits to a dependent, the policy didn't apply to them and they could transfer benefits to other dependents at a later date. He found out that wasn't the case. The policy applied to all service members who wanted to transfer their benefits to dependents. b. He was falsely led to believe he had time to transfer benefits to other dependents. His family members weren't enrolled in school yet so it wasn't an immediate concern of his to transfer his benefits at that time since he had already transferred benefits to another dependent. c. If he had known the policy affected all who wanted to transfer benefits, he would have applied during the available window. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. On 1 July 2014, the applicant was voluntarily reassigned to the U.S. Army Reserve Retired Reserve in the rank of sergeant first class. 2. There is no evidence showing he elected to transfer his Post-9/11 GI Bill benefits to his dependents prior to his transfer to the Retired Reserve. REFERENCES: 1. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational benefits to eligible family members. This policy states an eligible individual is any member of the Armed Forces on or after 1 August 2009 who, at the time of 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. 2. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, document accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316. 3. DOD, the Army, and the Department of Veterans Affairs (VA) initiated a massive public campaign plan that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent transfer of educational benefits. 4. Requests to transfer Post-9/11 GI Bill benefits to eligible dependents are submitted through the Defense Manpower Data Center (DMDC) web application. 5. Military Personnel Message Number 13-102, dated 15 April 2013, subject: Post-9/11 GI Bill TEB 4-Year Service Obligation for Approved TEB Requests Submitted on/after 1 August 2013, was issued to emphasize that all TEB requests submitted on or after 1 August 2013 would incur a 4-year service obligation from the TEB request date, regardless of years in service (except when precluded by policy or statute from committing to an additional 4 years). 6. Title 38, U.S. Code, section 3319, prohibits service members who are no longer in an active status from transferring educational benefits. The legislation specifically states "an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed." DISCUSSION: 1. The applicant voluntarily transferred to the Retired Reserve effective 1 July 2014. 2. There is no evidence of record and he provided no evidence showing he elected to transfer his Post-9/11 GI Bill benefits to his dependents prior to his voluntary transfer to the Retired Reserve. 3. Effective 1 August 2013, all TEB requests incur a 4-year service obligation from the TEB request date, regardless of years in service (except when precluded by policy or statute from committing to an additional 4 years). 4. DOD, the Army, and the VA conducted a massive public campaign plan that generated major communications through military, public, and social media venues. The information was published well in advance with emphasis on the criteria. While there may have been some confusion during the early stages after the implementation, the applicant voluntarily transferred to the Retired Reserve 5 years after the program was implemented. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20150003644 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 0Enclosure 2 ABCMR Record of Proceedings (cont) AR20150003644 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1