IN THE CASE OF: BOARD DATE: 22 September 2011 DOCKET NUMBER: AR20110000253 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 his dependents. 2. He states he: * retired on 1 November 2009 as an Army colonel (COL) with over 22 years of active duty service * attended the 3-day Transition Assistance Program course at Fort MacDill Air Force Base, FL from 30 June to 2 July 2009 and Pre-Retirement Counseling on 12 August 2009 during his preparation for retirement * was not fully informed of the requirement to transfer benefits to dependents prior to leaving active duty * has two children ages 16 and 19 that could receive the benefit * attempted to transfer benefits through the Department of Defense (DoD), Defense Management Data Center, but the system failed to identify his status and didn't allow transfer of benefits 3. He provides: * Army Times article * House Resolution (H.R.) 3577 (Education Assistance to Realign New Eligibilities for Dependents Act of 2009) * Email correspondence * Briefing used by MacDill, Air Force Base, FL CONSIDERATION OF EVIDENCE: 1. After completing 22 years and 25 days of creditable active service, the applicant retired from the Regular Army on 31 October 2009 in the rank/grade of COL/O-6. 2. During the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Chief, Enlisted Professional Development Branch, who states: 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 his dependents because he 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 3. The advisory official recommended approval of the applicant’s request. 4. On 8 June 2011, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He concurred with the advisory opinion and provided no additional information. 5. On 22 June 2009, 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. 6. 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 and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316 DISCUSSION AND CONCLUSIONS: 1. The applicant's request for approval of TEB under the Post-9/11 GI Bill to his dependents has been carefully considered and found to have merit. 2. The Post 9/11 GI Bill was implemented on 1 August 2009, and information pertaining to the transferability of entitlements was disseminated down to education counselors at the installation level. 3. The evidence of record shows the applicant retired from active duty on 31 October 2009, which is within 90 days of the implementation of the program. 4. Therefore, it would be equitable to correct his record to reflect he applied to transfer his education benefits under the Post-9/11 GI Bill TEB Program upon implementation of the program. 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 he filed his application and the Army approved his request to transfer Post-9/11 GI Bill benefits to his dependents prior to his 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) AR20110000253 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110000253 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1