BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130005608 


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 education benefits to her husband under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states:

* she was injured in July 2009 at Camp Shelby, MS, and transferred to Fort Benning, GA, for medical treatment
* she was never briefed or told she had to transfer her Chapter 33 benefits to her family members before leaving active duty
* she was very sick at the time and diagnosed with major depressive disorder and more
* Martin Army Medical Hospital felt she would recover better at home around family, so she was sent home to get well
* she did not have a chance to go through Army Career and Alumni Program (ACAP) or any briefing before her discharge 

3.  The applicant provides:

* self-authored statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 11-362-00034, issued by Headquarters, 81st Regional Support Command (RSC), Fort Jackson, SC, dated 28 December 2011


* Department of Veterans Affairs (VA) Rating Decision, dated 22 April 2011

CONSIDERATION OF EVIDENCE:

1.  With prior active and inactive service, the applicant enlisted in the U.S. Army Reserve (USAR) on 1 December 2001.

3.  Orders Number A-07-918674, issued by the U.S. Army Human Resources Command (HRC), St. Louis, MO, dated 7 July 2009, ordered the applicant to active duty and assigned her to Fort Benning, GA, for participation in the Reserve Component Warriors in Transition (WT) Medical Retention Processing Program for completion of medical care and treatment effective 7 July 2009.

4.  Orders A-10-927714, issued by Headquarters, U.S. Army Medical Command, Fort Sam Houston, TX, dated 8 October 2009, ordered the applicant to Redstone Arsenal, AL, with a report date of 18 October 2009, to participate in the Reserve Component (RC) medical hold transfer for completion of medical care and treatment for 255 days with an end date of 29 June 2010.

5.  A DA Form 199 (Physical Evaluation Board (PEB) Proceedings) shows a PEB that convened on 25 March 2010 found the applicant to be physically fit.  The PEB recommended the applicant be returned to duty as fit.  On 14 April 2010, the PEB was approved for the Secretary of the Army.

6.  Orders A-10-927714A02, issued by HRC, dated 10 May 2010, amended Orders Number A-10-927714, dated 8 October 2009, and extended the applicant's active duty period from 255 days to 294 days and extended her end date from 29 June to 7 August 2010.  It also changed the reason of her active duty service to participation in the RC WT Medical Retention Processing Program for completion of medical care and treatment.

7.  On 4 August 2010, she was honorably released from active duty at the completion of required active service and she was transferred to a troop program unit (TPU) at Camp Shelby, MS.  She completed 4 years, 10 months, and 9 days of net active service this period.  Her DD Form 214 for this period of service further shows she completed 8 months and 6 days of prior active service and
19 years, 11 months, and 29 days of total prior inactive service.

8.  Orders Number 10-323-00036, issued by Headquarters, 81st RSC, dated
19 November 2010, reassigned the applicant to the USAR Hospital in Tuscaloosa, AL, a TPU outside of her command, effective 26 November 2010.


9.  Orders Number 11-362-00034, issued by the same headquarters, dated
28 December 2011, reassigned the applicant to the Retired Reserve effective
28 January 2012 by reason of being medically disqualified – not a result of her own misconduct.

10.  On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members.  The policy states an eligible member 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 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.

11.  WT may be from either the active or RC.  Soldiers are assigned to Warrior Transition Units (WTU) based upon classification.  Active Component Soldiers are component one (Compo 1); National Guard Soldiers are component two (Compo 2), and USAR Soldiers are component three (Compo 3).  The Compo 1 Soldiers may be considered WT and assigned to a WTU if they have complex medical care requiring 6 months or more of treatment or rehabilitation and who may need a medical board at the completion of that care.  The Compo 2 and 3 Soldiers may be considered WT and eligible for assignment to a WTU if they remain on active duty for medical retention processing, or are placed on active duty medical extension orders for an injury incurred while in a training status.  Initial-Entry-Training (IET) Soldiers are eligible only if they require complex care and a Medical Evaluation Board; or if deemed appropriate by the commander of the local medical command and the Soldier's IET commander.

	a.  If an RC Soldier qualifies for retention on active duty for medical reasons, but does not require the daily medical care management provided by an active-


duty WTU or military treatment facility, the Soldier will be assigned to the Community Based WTU closest to his or her hometown or support network, provided the location has the medical capacity to meet the Soldier's needs.

	b.  Based on the Soldier’s Comprehensive Transition Plan track preference, medical prognosis, and remaining service obligation after meeting the medical retention determination point, Soldiers may exit the program by returning to duty, being released from active duty, separation, or retiring from the Army.

	c.  Soldiers are required to start their ACAP processing upon the initiation of medical board proceedings.  As a minimum, Soldiers must receive the mandatory pre-separation counseling prior to departure from their assigned installation.  Soldiers are also encouraged to participate in the Transition Assistance Program (TAP) Employment Workshop, a VA benefits briefing, and a disabled TAP briefing.  Soldiers and their family members are eligible to continue ACAP services for up to 180 days after release from active duty.

	d.  Soldiers are referred to ACAP within 30 days of assignment to a WTU as appropriate.  Soldiers receive ACAP pre-separation counseling and complete a DD Form 2648-1 (Pre-Separation Counseling Checklist) no later than 90 days prior to release from active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was fully eligible to transfer her education benefits under the TEB prior to being transferred to the Retired Reserve, but she did not do so.  The program was implemented in August 2009 and she was transferred to the Retired Reserve on 28 January 2012.  Prior to being transferred, she did not apply for the transfer of benefits while on active duty.

2.  The Department of Defense (DOD), VA, and the Army conducted massive public campaigns that generated major communications through military, public, and social media venues.  The information was published well in advance with emphasis on the criteria.  A Soldier must meet various criteria to qualify to transfer benefits to an eligible family member.

3.  The applicant's retirement date was 28 January 2012.  Her service and sincerity are not in question; however, records show she was extended on active duty for participation in the RC WT Medical Retention Processing Program in 2009.  She had sufficient time to submit her application and/or to verify that her application was submitted in the proper manner.  Information on the program was widely available before she transferred to the Retired Reserve.  There is no evidence she exercised due diligence.
4.  There is neither an error nor injustice in the applicant's transfer of benefits processing.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 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)                                         AR20130005608



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ABCMR Record of Proceedings (cont)                                         AR20130005608



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