BOARD DATE: 19 February 2015 DOCKET NUMBER: AR20140008738 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 applied to transfer his educational benefits to his dependents under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill before he left active duty on 30 June 2013. 2. The applicant states that in 2009, while deployed to Iraq, he applied for transfer of his education benefits (TEB) to his three children and while he does not remember what he received that said his application was completed, he did it on line. However, when he contacted the Department of Veterans Affairs (VA) representative at the college his son was attending, he was informed that there was no record of his application. He also states that he assumed for 4 years that his application had been approved and now he is being denied a benefit that he earned in over 24 years of service. 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. The applicant was commissioned as a United States Army Reserve second lieutenant on 18 January 1991 with a concurrent call to active duty. He remained on active duty, served six deployments in Iraq, Kuwait, and Afghanistan and was promoted to the rank of lieutenant colonel (LTC) on 1 January 2008. 2. On 30 June 2013, he was honorably retired by reason of sufficient service for retirement. He had served 24 years of active service. 3. Information received from officials at the U.S. Army Human Resources Command indicates that there is no record of the applicant submitting an online application for TEB. 4. The Post-9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public Law 110-252, House of Representatives, 2642. In July 2008, Congress passed a law for the Post-9/11 GI Bill which went into effect on 1 August 2009. 5. Section 3319 provides the eligibility requirements necessary to transfer unused educational benefits to family members. A service member may execute transfer of benefits only while serving as a member of the Armed Forces. The VA is responsible for final determination of eligibility for educational benefits under this program. 6. On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused educational 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, in pertinent part, 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 service or 20 qualifying years of Reserve service. 7. 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. 8. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance for the administration of the program. A Soldier must initially request to transfer benefits on the DOD's TEB online database. Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for VA access. The respective family member must then submit an application for VA educational benefits (VA Form 22-1990e (Application for Family Member to Use Transferred Benefits)) to request to use the benefits. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to show he applied for and the Army approved transfer of his educational benefits under the TEB provision of the Post-9/11 GI Bill to his dependents prior to his retirement from active duty was carefully considered. 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 and through many public information sites. 3. The evidence of record shows the applicant was on active duty almost 4 years after the implementation of the program. However, there is no evidence of record and the applicant did not provide sufficient evidence that shows he made his online TEB and that it was approved while he was still serving on active duty. 4. In view of the foregoing, there is an insufficient evidentiary 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: 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20140008738 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140008738 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1