IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130015042
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 records to show he elected transfer of his educational benefits to his spouse under the Post-9/11 GI Bill transferability provision.
2. The applicant states:
* he did not know that he had to transfer Post 9/11 benefits to his spouse before his separation
* he was not told
* he did not receive proper information before he got out
3. The applicant provides no additional documentary evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 29 September 2004 and trained as a motor transport operator and cannon crewmember. He served in Iraq from 16 October 2005 to 6 October 2006 and he served in Afghanistan from
17 December 2008 to 5 December 2009. On 26 June 2013, he was retired due to disability, temporary (enhanced) after completing 8 years, 8 months, and
28 days of creditable active service.
2. There is no evidence of record which shows he transferred his Post-9/11 GI Bill benefits to his dependents prior to his retirement.
3. 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 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.
DISCUSSION AND CONCLUSIONS:
1. The law states a member must have at least 6 years of service in the Armed Forces on the date of election and agree to serve 4 additional years in the Armed Forces from the date of election unless precluded by standard policy or statute.
2. The available evidence shows he was retired due to disability effective
26 June 2013 after completing 8 years, 8 months, and 28 days of active service.
3. If he had completed at least 10 years of service he could have elected to transfer his Post-9/11 GI Bill benefits because he would have been precluded from incurring a 4-year service obligation upon his election. Unfortunately, he did not complete 10 years of service.
4. Regrettably, there is no basis for granting 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) AR20130015042
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ABCMR Record of Proceedings (cont) AR20130015042
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