BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130013195
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 approval for transfer of his Post-9/11 GI Bill benefits to his eligible family members.
2. The applicant states he asked his Physical Evaluation Board Liaison Officer (PEBLO) what he needed to do in order to transfer his Post 9-11 GI Bill education benefits to his wife. He contends he was informed that he had to wait until he was discharged to do so because he could not meet the required additional service. He is now being told that he had to request the transfer while on active duty. He is currently unable to send his wife to college because of the incorrect information given to him by the Medical Evaluation Board office at Fort Jackson, SC.
3. The applicant provides an email message.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 19 March 2003.
2. On 22 June 2013, he was placed on the Temporary Disability Retired List (TDRL). He completed 10 years, 3 months, and 4 days of active duty service.
3. He provides an email message showing that on 16 November 2011, he inquired to the Fort Jackson, SC PEBLO about transferring his Post 9-11 GI Bill benefits to his spouse and children. The message further shows that on
16 November 2011, the PEBLO replied to his inquiry with the following information: "Unfortunately, we would not be able to extend [you] for the requirements for the Post 9-11 program because you are undergoing a medical board and [you] are ineligible to reenlist. This would be something you would have to go through the Department of Veterans Affairs (VA) [for] once you have been discharged from active duty."
4. 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.
5. The policy further states the Secretaries of the Military Departments will provide counseling on the benefits under the Post-9/11 GI Bill to active duty participants and members of the Reserve Components with qualifying active duty service prior to separation or release from active duty, document accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.
6. Public Law 110-252 limits the eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or a member of the Selected Reserve.
a. A Soldier must be currently on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her family member(s) on or after 1 August 2009.
b. A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer to eligible children.
7. A Soldier must initially request to transfer benefits on the DOD Transfer of Educational Benefits (TEB) online database. The TEB online database was operational on 29 June 2009. Once approved in the online database by the Soldier's service, the approval information is automatically relayed for VA access.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was retired on 22 June 2013 by reason of temporary physical disability and that he had completed over 10 years of creditable active duty service.
2. The evidence also shows that he inquired about the transfer of education benefits to his family members well before placement on the TDRL. However, he was provided erroneous information in that he was informed he had to apply through the VA after his separation from active duty.
3. Although Soldiers with 10 years of service are normally required to commit to 4 years of additional service, he was unable to do so due to his physical disability and therefore was not required to do so. Therefore, as a matter of equity, his record should be corrected to show he applied to transfer his education benefits under the Post 9/11 GI Bill to all his eligible family members prior to his placement on the TDRL on 22 June 2013.
BOARD VOTE:
___X_____ _X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
showing the applicant filed his application and the Army approved his request to transfer Post-9/11 GI Bill education benefits to his eligible family members prior to his placement on the TDRL, provided all other program eligibility criteria are met.
_______ _ _______ ___
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.
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