IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130003367
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 military records to show he transferred his education benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his dependents in March 2011.
2. The applicant states before he retired from active duty on 30 March 2011 he attended retirement services briefings at Hurlburt Air Force Base, FL. During those briefings between 8-11 March 2011 he elected to change from his Chapter 30 GI Bill to the 9/11 GI Bill and he allotted 1 month of benefits to each of his dependents. Now that he would like his dependents to use such benefits, the system (Department of Veterans Affairs (VA)) tells him that he's not eligible.
3. The applicant provides:
* Group Workshop Roster (Printed 9 March 2011)
* DD Form 2366 (Montgomery GI Bill Act of 1984 (MGIB), dated
1 November 1989
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 8 January 2001
* a Letter of Instruction, dated 5 June 2006, Subject: Basic Enrollment of Active Duty GI Bill Chapter 30
* DD Form 214 with an effective date of 1 October 2008
* DD Form 214 with an effective date of 21 October 2009
* DD Form 214 with an effective date of 8 February 2011
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 16 March 2011
* his retirement orders, dated 21 March 2011
* DD Form 214 with an effective date of 31 March 2011
* his discharge orders from the Florida Army National Guard (FLARNG), dated 20 April 2011
* emails, dated from 17 April 2012 to 3 January 2013
CONSIDERATION OF EVIDENCE:
1. He previously served 11 years, 2 months, and 8 days of active service in the Regular Army. He enlisted in the FLARNG on 6 December.
2. According to his Army National Guard Retirement Points History Statement, prepared on 25 April 2005, he was on Army National Guard Active Duty under Title 32, United States Code, State controlled, from 15 May 2001 to 1 October 2008.
3. He was ordered to active duty effective 2 October 2008 for mobilization in support of Operation Iraqi Freedom. He was released from active duty on
21 October 2009.
4. On 8 December 2009, he was notified he had completed the required years of service to be eligible for retired pay upon application at age 60.
5. He was ordered to active duty effective 11 January 2010 for contingency operation for active duty operational support in support of Operation Enduring Freedom.
6. On 31 March 2011, he was retired and placed on the Retired List the following day. He completed a total of 20 years, 10 months, and 5 days of active service.
7. DOD Directive-Type Memorandum (DTM) 09-003, dated 22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members.
a. Eligible individuals include a member of the Armed Forces on or after 1 August 2009 who, at the time of the approval of their request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill, and is or becomes retirement eligible during the period 1 August 2009 through 1 August 2013 and agrees to serve any specified additional period of 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 is required
* on or after 1 August 2010, and before 1 August 2011, 2 years of additional service is required
* on or after 1 August 2011, and before 1 August 2012, 3 years of additional service is required
b. 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.
c. An individual approved to transfer entitlement to educational assistance may transfer such entitlement to the individual's family member(s) only while serving as a member of the Armed Forces.
d. A family member must be enrolled in DEERS and be eligible for benefits at the time of transfer to receive transferred educational benefits.
e. An individual may add new dependents, modify the number of months of the transferred entitlement for existing dependents, or revoke transfer of entitlement while serving in the Armed Forces.
f. A child may use the benefit while the eligible individual remains in the
Armed Forces or after separation from active duty after completing the additional service required to transfer the educational assistance under the Post-9/11 GI Bill.
8. A memorandum, dated 10 July 2009, from the Office of the Assistant Secretary Manpower and Reserve Affairs, subject: Post 9/11 GI Bill Policy Memorandum states in paragraph 17h(6) that a Soldier who separates or is released from Armed Forces prior to completion of an agreed upon additional service commitment will have their transfer of benefits revoked by the VA. Benefits already used by a dependent will be recouped by the VA.
DISCUSSION AND CONCLUSIONS:
1. The applicant became retirement eligible on 9 December 2009 based on
20 qualifying years of Reserve service. According to DTM 09-003, 1 year of additional service is required from the time of approval of TEB for members who attained retirement eligibility on or after 1 August 2009, and before 1 August 2010.
2. He was eligible to transfer benefits to his dependents at any time after
1 August 2009. However, he was required to serve 1 year of additional service from the date of approval of his TEB. He stated he elected TEB for his dependents 1-10 March 2011. He retired on 31 March 2011, without serving the required 1 year of additional service. Therefore, he is not eligible to TEB for his dependents.
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) AR20130003367
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ABCMR Record of Proceedings (cont) AR20130003367
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