IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130001702
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 an exception to policy to transfer educational benefits to eligible dependents under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states he applied to transfer his Post-9/11 GI Bill educational benefits prior to his expiration term of service and subsequent discharge. Additionally, he satisfied all the necessary requirements.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army on 10 June 1999 and served through two reenlistments in a variety of stateside or overseas assignments. He attained the rank/grade of sergeant/E-5.
2. He was honorably discharged on 4 October 2009, due to completion of required active service in the rank/grade of sergeant/E-5. He completed 10 years, 3 months, and 25 days of creditable active service. His DD Form 214 shows he was assigned a reentry eligibility code (RE) of "1" indicating that he was fully qualified for reenlistment.
3. There is no indication he applied for a transfer of his Post-9/11 GI Bill educational benefits to his dependents while he was still serving on active duty.
4. 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 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.
5. 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 available evidence shows the applicant was ineligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to discharge.
2. DOD policy states that Soldiers who have at least 10 years of service in the Armed Forces are required to commit to serving an additional 4 years unless they are otherwise precluded from making this commitment or are retirement eligible. The applicant's DD Form 214 shows he was discharged for completion of required active service and was assigned an RE code of "1" indicating he was fully qualified to reenlist. Therefore, there was nothing to preclude him from committing to the additional 4 years required to be eligible to transfer his educational benefits to his dependents.
3. Based on the foregoing, there is an insufficient evidentiary basis to grant 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.
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