BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130010544
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 transfer of her educational benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to her spouse.
2. The applicant states before she retired she was poorly informed by the Army Career and Alumni Program that the Post-9/11 GI Bill benefits had to be transferred while she was still on active duty.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 8 July 2008 and she was promoted to the grade/rank of specialist (SPC)/E-4 on 1 April 2010.
2. In anticipation of her upcoming retirement, she underwent a pre-separation briefing on 7 December 2012 wherein she checked the "Yes" block in item 14a (Education Benefits (Post 9-11 GI Bill Chapter 33), (Montgomery GI Bill Chapter 30), (Veterans Educational Assistance Program), (Vietnam-era, etc.) www.gibill.va.gov) of her DD Form 2648 (Preseparation Counseling Checklist for Active Component, Active Guard Reserve, Active Reserve, Full Time Support,
and Reserve Program Administrator Service Members). Items checked "Yes" are mandatory for service members to receive further information or counseling or attend additional workshops, briefings, classes, etc.
3. On 14 February 2013, she was retired by reason of permanent disability and placed on the permanent disability retired list (PDRL) in her retired rank/grade of SPC/E-4. She completed 4 years, 7 months, and 7 days of creditable active service.
4. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states 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 from 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was not eligible to transfer her education benefits to her spouse under the TEB prior to retirement, as she had not completed 6 years of service in the Armed Forces. The program was implemented in July 2009 and she retired on 14 February 2013 after serving 4 years, 7 months, and 7 days.
2. Regrettably, in view of the foregoing she is not entitled to 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 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) AR20130010544
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