BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130001602
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 to transfer his educational benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his spouse.
2. He states that in 2009, the proper steps were taken to transfer the Post-9/11 education benefits to his spouse. As of December 2012, his spouse was still listed in the eBenefits/MilConnect list for transferability. As of 1 January 2013, he retired and there were no records found under family members that can utilize the benefits. He followed all the instructions given to him in 2009 and within the past month. His spouse is ready to use the education benefits, but they are unable to begin the application process for benefits. He has communicated with the GI Bill information phone center and U.S. Army Human Resources Command (HRC) to no avail. The representative at HRC wasn't able to help him because he didn't print out a "screen shot" in December.
3. He provides no additional documents.
CONSIDERATION OF EVIDENCE:
1. The applicant retired from the Regular Army on 31 December 2012 in the rank/grade of master sergeant/E-8 after completing 20 years of creditable active service.
2. The applicant's service record does not include evidence showing he attempted to transfer educational benefits prior to leaving military service and/or that he was given false information by a reliable source about the rules of transferring educational benefits.
3. On 22 June 2009, 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 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.
4. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's statements in regard to his entitlement to TEB under the
Post-9/11 GI Bill to his spouse are acknowledged.
2. The evidence of record shows he was fully eligible to transfer his educational benefits under the TEB prior to his retirement on 31 December 2012, but did not do so.
3. Even though he contends the proper steps were taken to transfer Post-9/11 GI Bill to his spouse in 2009, his service record is void of evidence and he has not provided any evidence which shows he attempted to transfer educational benefits prior to leaving military service.
4. Since the applicant did not transfer his benefits before he retired on 31 December 2012, he is ineligible to transfer benefits.
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) AR20130001602
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130001602
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011778
The applicant had more than 20 years of service upon retirement; therefore, he was eligible to transfer to either his spouse or children (if he completed the request before leaving military service). Counsel requests, in effect, the applicant be given relief by correcting his records to show he elected to transfer benefits under the Post 9/11 GI Bill to his eligible family members prior to his retirement date. The applicant and counsel contend his record should be corrected to allow him to...
ARMY | BCMR | CY2011 | 20110021661
The applicant requests, in effect, an exception to policy to transfer his educational benefits to eligible dependents under the Transferring Educational Benefits (TEB) provisions of the Post-9/11 GI Bill. The applicant had more than 21 years of service upon retirement, so he was eligible to transfer benefits to either his spouse or children if he completed the request before leaving military service. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120008109
The applicant requests, in effect, an exception to policy to transfer educational benefits to his spouse under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant states he was never informed nor was he aware that the Post 9/11 GI Bill benefits had to be transferred while still in service. The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their...
ARMY | BCMR | CY2012 | 20120018197
The applicant had 25 years of service upon his retirement, but he was not eligible to transfer to either spouse or his children because the law required Soldiers to be in the service on or after 1 August 2009. d. A Soldier may only transfer to eligible dependents. The applicant contends that his records should be corrected to allow him to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill. As his last day in military service was 30 September 2008 and there...
ARMY | BCMR | CY2013 | 20130018766
The applicant requests, in effect, correction of his records to show he did not incur an additional service obligation when 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 31 March 2012. In the processing of this case a staff advisory opinion was obtained from the HRC Education Incentives Team which opines, in effect, that while the applicant did submit his...
ARMY | BCMR | CY2013 | 20130017790
Wards of states are not eligible to receive transferred benefits. The VA cannot establish eligibility for TEB benefits until DoD approves the service member's request to transfer benefits. The applicant contends that her records should be corrected to allow her to transfer her educational benefits under the TEB provision of the Post-9/11 GI Bill to her ward.
ARMY | BCMR | CY2014 | 20140006277
The applicant stated he submitted a Transfer of Education Benefits (TEB) request, but he did not provide sufficient documentation supporting that statement (i.e., documents showing "submitted" or "approved" in the "Transfer Status" area located in the upper left-hand corner of the TEB website." That document was not printed at the time of the stated TEB interest in July 2011 to January 2012. The applicant had six months from July 2011 to his retirement in January 2012 to view the TEB...
ARMY | BCMR | CY2012 | 20120007298
The applicant states he retired on 26 December 2011 but he was never informed that he had to transfer the benefit before he retired. The applicant had more than 24 years of service upon retirement; therefore, he was eligible to transfer the benefit to either his spouse or child if he had completed the request before leaving the military. There is insufficient evidence that shows the applicant submitted a request to transfer education benefits to his family member(s) while in an active status.
ARMY | BCMR | CY2013 | 20130001905
The applicant requests correction of his records to show his educational benefits were transferred to his eligible family members in a timely manner in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant states he completed an online request in 2009 to transfer his Post-9/11 GI Bill benefits to his two children. He provides an unsigned and undated letter from Senator C____ addressed to the VA stating the applicant recently received...
ARMY | BCMR | CY2012 | 20120009860
Based on the following details administrative relief was recommended for the applicant because he was on transition leave for retirement and he left the service within 90 days of implementation of the program. He would have been eligible to transfer the benefit if he transferred it before he left the service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army approved...