IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130016694
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 show he transferred his educational benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states he was not briefed during the Army Career and Alumni Program (ACAP) that he had to transfer benefits while serving on active duty.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. He enlisted in the Regular Army on 19 July 2005 after completing 8 years, 1 month, and 5 days of prior active military service. He was promoted to sergeant (SGT)/pay grade E-5 on 1 March 2007. He immediately reenlisted on 20 April 2007 and 9 April 2010.
2. U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison Command, Fort Knox, KY, Orders 031-0169, dated 31 January 2012, assigned the applicant to the U.S. Army Transition Center, Fort Knox, KY, for transition processing effective 21 March 2012.
3. He checked the "Yes" block in item 13a (Education/Training - Education Benefits (Montgomery GI Bill) of his DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members). Items checked are mandatory for service members to receive further information or counseling, or attend additional workshops, briefings, classes, etc.
4. On 8 April 2012, he was honorably discharged by reason of completion of required active service. He completed 6 years, 8 months, and 20 days of active service during this period. His total active service was 11 years, 10 months, and 24 days.
5. Military Personnel Message Number 11-096, dated 25 March 2011, subject: Change to Retention Control Points (RCP) for Enlisted Soldiers Serving in the Regular Army or under the Active Guard Reserve Title 10 Programs, stated the RCP for SGT was 13 years and 15 years for promotable SGT.
6. Department of Defense (DOD) Directive-Type Memorandum 09-003, dated 22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members.
a. 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
(1) has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election, or
(2) 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.
b. An individual approved to transfer entitlement to educational assistance may transfer such entitlement to the individual's family member(s) only while serving as a member of the Armed Forces.
DISCUSSION AND CONCLUSIONS:
1. He contends he was not briefed during the ACAP that he had to transfer benefits while serving on active duty. However, he was assigned to the Fort Knox Transition Center 2 weeks prior to his discharge date for mandated preseparation counseling. He indicated on his DD Form 2648 that he desired to receive further information or counseling. He provided no evidence to show he did not receive this counseling.
2. The applicant was eligible to transfer benefits to his dependents at any time after 1 August 2009. However, he would have been required to agree to serve 4 additional years from the date of his request, regardless of the number of months transferred. At the time of his discharge he would have been unable to commit to 4 additional years due to reaching the RCP for SGT. However, he would have had to commit to serve for the maximum amount of time allowed by his RCP.
3. The DOD, Department of Veterans Affairs, and the Army conducted a massive public campaign plan that generated major communications through military, public, and social media venues. The information was published well in advance with emphasis on the criteria. While there may have been some confusion during the early stages after the implementation, the applicant was discharged nearly 3 years after the program was implemented.
4. In view of the above, there is no basis upon which to grant relief in this case.
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 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) AR20130016694
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ABCMR Record of Proceedings (cont) AR20130016694
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