BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130017312
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, in effect, authorization to transfer his education benefits to his spouse.
2. The applicant states that he desires to transfer his education benefits to his spouse.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. After having had prior service, the applicant enlisted in the Regular Army on 12 May 2008 for a period of 3 years and 17 weeks and training as an M1 Armor Crewman. He completed his training and was transferred to Fort Bliss, Texas for his first and only assignment.
2. He deployed to Kuwait/Iraq with his unit during the period 20090504 20100501 and was returned to Fort Bliss.
3. On 13 July 2011, he was briefed on education benefits, including the Post-9/11 GI Bill.
4. On 12 September 2011, he was honorably retired due to temporary disability and was placed on the Temporary Disability Retired List (TDRL). He had served
a total of 3 years, 9 months, and 13 days of active service and 7 years, 6 months, and 18 days of prior inactive service.
5. The Post-9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public Law
110-252, House of Representatives, 2642. In July of 2008, Congress passed a law for the Post-9/11 GI Bill that went into effect on 1 August 2009.
6. Public Law 110-252 and Department of the Army, G1 Post-9/11 GI Bill Policy, dated 10 July 2009, provides that a veteran may modify entitlements or revoke entitlements among only those family members that were designated to receive transferred benefits prior to separating from the Armed Forces. Veterans who transferred entitlements prior to separation or retirement from the Armed Forces may not add new family members after separation or retirement.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to transfer his education benefits to his spouse has been noted. The program was implemented on 1 August 2009 and the applicant retired 2 years later.
2. The laws and policies governing the transfer of education benefits (TEB) provide that service members must make the election to TEB prior to separation from the service.
3. The Post-9/11 GI Bill was implemented on 1 August 2009 and information pertaining to the transferability of entitlements was disseminated down to education counselors at the installation level and through many public information sites. He was briefed on educational benefits, to include the Post-9/11 GI Bill, in July 2011.
4. The evidence of record shows the applicant was placed on the TDRL 2 years after the implementation of the program. However, there is no evidence of record and the applicant did not provide any corroborating evidence that shows he was advised he could not transfer his education benefits to his family members prior to leaving active duty.
5. In view of the foregoing, there is an insufficient evidentiary 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:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _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) AR20130017312
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130017312
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | 20140012812
DOD policy further states the Secretaries of the Military Departments will provide active duty participants individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316. The applicant contends his records should be corrected to allow him to transfer his unused Post-9/11 GI Bill education benefits...
ARMY | BCMR | CY2012 | 20120007441
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 benefits to eligible children. The applicant had more than 21 years of service upon his retirement, so he was eligible to transfer benefits to either his spouse or children if he had completed the request before leaving military service. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2014 | 20140020038
The applicant requests reconsideration of his earlier request for correction of his records to show he applied to transfer his educational benefits to his daughter under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill before he left active duty on 17 August 2010. Public Law 110-252, as amended by Public Law 111-377, identifies the qualification to receive the Post-9/11 GI Bill, one of which is the service member must have performed on or after 11 September 2001...
ARMY | BCMR | CY2014 | 20140014700
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, an exception to policy to transfer his education benefits to his spouse under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. His record does not contain any documentation that indicates he transferred, or attempted to transfer, his education benefits under the TEB provision of the Post-9/11 GI Bill prior to his release from active duty.
ARMY | BCMR | CY2012 | 20120018197
The applicant had 25 years of service upon his retirement, but he was not eligible to transfer to either spouse or his children because the law required Soldiers to be in the service on or after 1 August 2009. d. A Soldier may only transfer to eligible dependents. The applicant contends that his records should be corrected to allow him to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill. As his last day in military service was 30 September 2008 and there...
ARMY | BCMR | CY2012 | 20120009998
He was not informed of the requirement to transfer educational benefits to his eligible dependents while he was still in an active duty status. The applicant had more than 20 years of service upon his retirement, so he was eligible to transfer his benefits to either his spouse or his children if he had completed the request before leaving service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant...
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 | CY2012 | 20120012592
The applicant requests correction of his records to show he applied to transfer his education benefits to his dependents under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill prior to leaving the military. The evidence of record confirms the applicant was on transition leave within 90 days of implementation of the program. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant...
ARMY | BCMR | CY2012 | 20120010287
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. A Soldier must have at least 6 years of eligible service in order to transfer education benefits to a spouse and at least 10 years of eligible service to transfer to eligible children. There is insufficient evidence that shows the applicant submitted a request to transfer his education benefits to his family member(s) while on active duty or...