BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130013510
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 to transfer his educational benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his spouse.
2. He states:
a. He was in the process of retiring when a lot of changes were being made to the Post-9/11 GI Bill.
b. While he was doing his paperwork, he was told he couldn't use his GI Bill for his wife to get her master degree because she already had a bachelors degree. He was given erroneous information.
c. He depended on the personnel section to decipher the new policies for him, but they didn't provide the correct information. Had he known he could use his GI Bill for his wife, he definitely would have transferred his benefits.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant retired from the Regular Army on 31 May 2010 in the rank/grade of sergeant first class/E-7 after completing 20 years of creditable active service.
2. The applicant's service record does not include evidence showing he attempted to transfer educational benefits prior to leaving military service and/or that he was given false information by a reliable source about the rules of transferring educational benefits.
3. On 22 June 2009, 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. 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.
4. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service, individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, document accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.
DISCUSSION AND CONCLUSIONS:
1. The applicant's statements in regard to his entitlement to TEB under the
Post-9/11 GI Bill to his spouse are acknowledged.
2. The evidence of record shows he was fully eligible to transfer his educational benefits under the TEB prior to his retirement on 31 May 2010, but did not do so.
3. Even though he contends he was given erroneous information regarding transferring Post-9/11 GI Bill to his spouse, his service record is void of evidence and he has not provided any evidence which shows he attempted to transfer educational benefits prior to leaving military service.
4. Since the applicant did not transfer his benefits before he retired on 31 May 2010, he is ineligible to transfer benefits.
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) AR20130013510
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130013510
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120008109
The applicant requests, in effect, an exception to policy to transfer educational benefits to his spouse under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant states he was never informed nor was he aware that the Post 9/11 GI Bill benefits had to be transferred while still in service. The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their...
ARMY | BCMR | CY2014 | 20140004258
At the time of his counseling, not only were the people ill-informed, the forms themselves were not set up to discuss any TEB benefits of the Post-9/11 GI Bill. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, document accordingly, and maintain records...
ARMY | BCMR | CY2010 | 20100020596
A VA Form 22-1990E, dated 22 December 2009, shows he applied for and transferred Post - 9/11 GI Bill benefits to his daughter for her to attend college. The official stated the applicant is not eligible to transfer benefits under the Post - 9/11 GI Bill transferability program because Army and Department of Defense (DOD) policy requires a Soldier to be on active duty or a member of the Selected Reserve in order to transfer benefits. The policy further states the Secretaries of the Military...
ARMY | BCMR | CY2014 | 20140000824
IN THE CASE OF: BOARD DATE: 14 August 2014 DOCKET NUMBER: AR20140000824 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the evidence of record shows that, for whatever reason, he only transferred the benefits to his wife; he did not transfer any educational benefits in the TEB online database to either of his daughters. He has not provided sufficient evidence to show he added all of his eligible dependent's into the TEB database prior to or at the time of retirement and allocated...
ARMY | BCMR | CY2014 | 20140000824
IN THE CASE OF: BOARD DATE: 14 August 2014 DOCKET NUMBER: AR20140000824 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the evidence of record shows that, for whatever reason, he only transferred the benefits to his wife; he did not transfer any educational benefits in the TEB online database to either of his daughters. He has not provided sufficient evidence to show he added all of his eligible dependent's into the TEB database prior to or at the time of retirement and allocated...
ARMY | BCMR | CY2011 | 20110022629
The applicant requests, in effect, correction of his records to show he elected transfer of his educational benefits to his spouse under the Post-9/11 GI Bill transferability program. He had more than 27 years of service upon his retirement so he was eligible to transfer benefits to his dependents (if he completed the request before leaving military service). The Transfer of Education Benefits (TEB) online database shows he had one eligible dependent enrolled in DEERS during the time frame...
ARMY | BCMR | CY2010 | 20100023554
The applicant requests correction of his military records to show he transferred his Montgomery GI Bill (MGIB) benefits to his spouse prior to retirement under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. d. The opinion is based on Public Law 110-252 and Army and Department of Defense (DOD) policy requiring a Soldier to be on active duty or a member of the Selected Reserve of the Army in order to transfer benefits. The policy further states the Secretaries...
ARMY | BCMR | CY2014 | 20140001171
The applicant provides: * screenshot * email to his spouse, dated 21 July 2009 * Post 9/11 GI Bill TEB fact sheet * email DMDC, dated 31 July 2013 to 7 January 2014 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Orders Number 13-108-00003, dated 18 April 2013 CONSIDERATION OF EVIDENCE: 1. The applicant appears to have attempted to transfer his education benefits to his eligible family members on or around 21 July 2009. As a result, the Board recommends that all...
ARMY | BCMR | CY2014 | 20140018354
It shows: * the applicant allocated 36 months of benefits to his spouse when he applied for TEB * the applicant reduced the total number of months his spouse could receive on 11 September 2014 * it was discovered the applicant did not fulfill the one year TEB service obligation requirement * review of the applicants record revealed his U.S. Army Reserve (USAR) service from 17 March 1989 to 26 September 1990 had to be included in his obligation requirement * his combined USAR and active duty...
ARMY | BCMR | CY2014 | 20140006467
The applicant states, in effect: * despite the massive publicity campaign prior to his retirement, not all information operations/campaigns are 100-percent effective * he was informed of the procedure to change from the Montgomery GI Bill to the Post-9/11 GI Bill, but he did not receive clear instructions on how to transfer the benefits to his family members * he saw the education counselor prior to his retirement and expressed his concerns, but he was assured that all family members listed...