BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130021585
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 to transfer his Post-9/11 GI Bill educational benefits to his spouse.
2. The applicant states he retired from active duty on 30 June 2012.
a. During his Army Career Alumni Program (ACAP) processing, he was told that he would have to wait until his spouse enrolled in college to transfer his educational benefits to her. He has since learned that this was not true.
b. He states that he has no further educational goals, he and his wife were married for nearly his entire military career, and he sees no reason why his educational benefits cannot be transferred to her at this time.
c. He adds that, had he been properly counseled and aware that his educational benefits had to be transferred to his spouse while he was on active duty, he would have done so.
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 3 October 1991. Through a series of reenlistments, he continued to serve in the RA through 30 June 2012.
He attained the rank of staff sergeant (E-6) on 1 April 2004.
2. A DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members) shows the applicant received ACAP counseling on his educational benefits on 9 February 2011.
3. U.S. Army Combined Arms Support Command and the Sustainment Center of Excellence, Fort Lee, VA, Orders 273-0501, dated 30 September 2011, released the applicant from active duty on 30 June 2012 and transferred him to the U.S. Army Reserve Control Group (Retired) effective 1 July 2012.
4. A review of the applicant's military personnel records failed to reveal any evidence of a request to transfer educational benefits (TEB) to any of his family members.
5. Public Law 110-252 (Supplemental Appropriations Act, 2008) provides the authority for members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 to transfer unused educational benefits to eligible family members. The Public Law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic educational assistance under this chapter to elect to transfer entitlement to unused educational benefits to one or more of the specified family members.
a. An eligible individual is any member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, has completed at least:
(1) 6 years of service in the Armed Forces and enters into an agreement to serve at least 4 more years as a member of the Armed Forces; or
(2) the years of service as determined in Army regulations and established by the Secretary of the Army.
b. An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement, as follows:
(1) to the individual's spouse;
(2) to one or more of the individual's children; or
(3) to a combination of the individuals identified above.
c. Provided the service member allocates at least 1 month of benefits to an eligible family member prior to separation, changes to the amount of months allocated to eligible family members can be made at any time, to include after leaving military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show he elected to transfer his Post-9/11 GI Bill educational benefits to his spouse because he was not properly counseled on the transfer of his educational benefits prior to his retirement from active duty.
2. The sincerity of the applicant's comments is not in question. However, he provides no documentary evidence (i.e., ACAP briefing slides, a statement from his education benefits counselor, etc.) that shows he was improperly counseled regarding the transfer of his Post-9/11 GI Bill benefits.
3. The evidence of record fails to show that the applicant attempted to access the milConnect website to transfer his Post-9/11 GI Bill educational benefits to his spouse prior to his retirement from active duty on 30 June 2012.
4. The applicant was fully eligible to transfer his educational benefits under the TEB prior to retirement, but he did not do so.
5. Thus, the applicant retired from the RA without transferring his educational benefits. By law he is no longer eligible to transfer his benefits.
6. In view of the foregoing evidence, there is no 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:
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) AR20130021585
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ABCMR Record of Proceedings (cont) AR20130021585
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