IN THE CASE OF: BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150005928 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 to transfer educational benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill prior to his retirement. 2. The applicant states: a.  His original TEB was completed via paper with the Vermont Education Office around August 2009; however, there are currently no records available. b.  He was advised at the time that at least 1 month of benefits needed to be allotted for any flexibility post-separation. He requested and assumed each of his dependents was input with 1 month; however, when he recently went into the MilConnect website to ensure it was accurate, he saw his children were all listed as ineligible. c.  His eldest daughter is getting ready to go to college and he did not realize there was a site to check on the dispersion of his GI Bill benefits. d.  Prior to his retirement, he sought out his education officer and specifically asked him if his GI Bill was all set for his dependents to use after his retirement. He has been counting on the GI Bill for his children. e.  He was awarded the Purple Heart, Bronze Star Medal, Meritorious Service Medal, and Army Commendation Medal for valor during his service. He served his country and he has been all that he could be. 3. The applicant provides two copied email messages, dated 23 March 2015, embedded in his online application. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve on 8 February 1986. 2. On 13 December 1988, he was discharged from the U.S. Army Reserve for immediate enlistment in the Army National Guard. 3. On 14 December 1988, he enlisted in the Army National Guard. 4. He retired on 31 July 2012 and he was placed on the Retired List on 1 August 2012. 5. He provided two email messages, dated 23 March 2015, embedded in his online application showing he sought assistance from the National Guard Bureau due to his inability to amend his TEB election. He was advised that: * the MilConnect website listed his children with 0 months of TEB eligibility * at least 1 month of benefits needed to be allotted for any flexibility post-service * the GI Bill Support Team could not assist him since he was no longer serving in an active status * he had to submit an application to the Army Board for Correction of Military Records 6. Requests to transfer Post-9/11 GI Bill benefits to eligible dependents are submitted through the Defense Manpower Data Center web application. 7. His records are void of and he failed to provide any evidence showing he attempted to revise his TEB election to his dependents prior to leaving military service on 31 July 2012. 8. 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. Eligible individuals include members of the Armed Forces on or after 1 August 2009 who, at the time of the approval of the request to transfer entitlement to educational assistance under this section, are eligible for the Post-9/11 GI Bill and: a. 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 b. 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 c. are or become 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 Component 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 9. 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. 10. During the implementation phase of the program (the 90-day period from 1 August 2009 through 31 October 2009), many Soldiers were unaware of the requirements for transferring Post-9/11 GI Bill educational benefits. The Army, DOD, and the Department of Veterans Affairs initiated a public campaign that generated communications through military, public, and social media venues on the Post-9/11 GI Bill and transfer of benefits. 11. Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits. a.  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. b.  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 dependents on or after 1 August 2009. c.  Changes to the amount of months allocated to family members can be made at any time, to include once the service member leaves military service, provided the service member allocates at least 1 month of benefits prior to separation. If the service member allocates 0 months and subsequently leaves military service, he or she is not authorized to transfer unused benefits. 12. Title 38, U.S. Code, section 3319, prohibits service members who are no longer serving 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 AND CONCLUSIONS: 1. A Soldier must be currently serving on active duty or as a member of the Selected Reserve at the time of transfer of education benefits to his or her dependents on or after 1 August 2009. The applicant's last day in service was 31 July 2012. 2. The applicant was serving on active duty when the program was implemented in August 2009 and continued serving over 4 years after the program was implemented. He had abundant time to submit his application and/or to verify that his application was properly submitted and accepted. It appears that he failed to exercise due diligence. There is neither an error nor an injustice in the applicant's transfer of benefits processing. 3. There is no evidence of record and he provided no evidence showing he attempted to revise his TEB election prior to leaving military service on 31 July 2012. 4. In view of the foregoing evidence, there is an insufficient basis for granting the 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) AR20150005928 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005928 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1