IN THE CASE OF:  	  

		BOARD DATE:  9 December 2014	  

		DOCKET NUMBER:  AR20140007762 


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 he be allowed to transfer his Post-9/11 GI Bill educational benefits to his dependents under the Transfer of Education Benefits (TEB) program.

2.  The applicant states he tried to assign his Post 9/11 GI Bill to his spouse and son while he was active duty but his chain of command prevented him from doing so because he was going through a medical board.  He was medically discharged due to Post-Traumatic Stress Disorder and Traumatic Brain Injury with a 70% medical retirement from the Army.  Currently he is 90% disabled through the Department of Veterans Affairs (VA) and is appealing for 100% unemployability.  He is unable to use his GI Bill, and the VA cannot change his education benefits over.  He is requesting that the Board allow him to transfer his GI Bill education benefits to his dependents.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20 January 2005.  He was released from active duty and placed on the Temporary Disability Retired List with a 70 percent disability evaluation effective 27 August 2013.  He had completed 8 years, 7 months, and 8 days of creditable active service.

2.  The applicant has not provided and the record does not contain any evidence of an official request for transfer of his educational benefits.  
3.  On 22 June 2009, the Department of Defense (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:

	a.  has at least 6 years of service in the Armed Forces on the date of election and agrees to serve an 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 or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.

4.  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 and implementation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant had 8 years of active duty service at the time he was medically retired.  Based on that period of service he met the basic eligibility criteria only if he would (could) extend for an additional 4 years.

2.  The law governing the transferability of unused Post-9/11 GI Bill benefits places legal limitations on transferability.  Members must meet the required periods of service served, commit to a 4-year extension as appropriate, and complete the transfer prior to leaving the service.

3.  The available evidence clearly shows that he was not eligible to transfer his education benefits under the TEB at the time of his separation.  The TEB policy guidance also provides that a Soldier with less than 10 years of service must agree to complete an additional 4 years of service at the time the request for transfer of education benefits is approved.  The applicant had less than 10 years of qualifying service when he was medically retired in 2013, which would have required him to incur an additional 4-year service obligation.  Because he had less than 10 years of service that service obligation could not be waived.  The applicant was not eligible to transfer his education benefits.
4.  Regrettably, based on the above, his request should be denied.

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 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)                                         AR20140007762



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ABCMR Record of Proceedings (cont)                                         AR20140007762



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