IN THE CASE OF:
BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130012150
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 allow him to transfer his education benefits to his spouse under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states, in effect, he served from 1997 to 2006. He was unaware of the process for transferring his benefits. As he is now 100% disabled and unemployable, it would be helpful if his wife could use his education benefits.
3. The applicant did not provide any supporting documentation.
CONSIDERATION OF EVIDENCE:
1. Following 3 years of prior active service, the applicant enlisted in the Regular Army on 23 February 2001.
2. On 14 August 2006, he was honorably discharged in the rank of sergeant (SGT)/E-5. He had completed 5 years, 5 months, and 22 days of active duty service during the period covered by the DD Form 214.
3. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.
4. Public Law 110-252 limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve of the U.S. Army on or after 1 August 2009.
DISCUSSION AND CONCLUSIONS:
1. The applicant's last day of active duty service was on 14 August 2006. The Post-9/11 GI Bill program was not in effect during his period of active military service. The law states only those individual who served on active duty on or after 1 August 2009 are eligible to transfer education benefits under the provisions of the Post-9/11 GI Bill.
2. In view of the foregoing, there is no 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) AR20110020816
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ABCMR Record of Proceedings (cont) AR20130012150
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