IN THE CASE OF:
BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130003231
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, in effect, an exception to policy to transfer educational benefits under the Transfer of Educational Benefits (TEB) provision of the
Post-9/11 GI Bill to his family members.
2. The applicant states the Army National Guard (ARNG) did not inform him that he needed to transfer his benefits to his eligible family members prior to his expiration of term of service. On 25 April 2011, he received a packet of materials from the Department of Veterans Affairs (VA) which included a telephone number for educational benefits. When he called the telephone number he was told it was too late for him to transfer his educational benefits.
3. The applicant provides:
* self-authored statement, dated 6 February 2013
* letter from the VA to his Member of Congress, dated 20 April 2012
* copy of a VA mailing envelope, postmarked 25 April 2011
* letter from the VA, dated 21 March 2011
CONSIDERATION OF EVIDENCE:
1. The applicant was honorably discharged from the ARNG in the rank/grade of sergeant (SGT)/E-5 on 15 February 2011 due to ETS. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he completed 13 years of creditable service and received a reentry eligibility (RE) code of 1 indicating he was fully qualified for reenlistment.
2. There is no indication he applied for a transfer of his Post-9/11 GI Bill educational benefits to his family members prior to his ETS.
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 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 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 NGB Form 22 shows he was discharged due to ETS and 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 years of service 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.
ABCMR Record of Proceedings (cont) AR20130003231
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