IN THE CASE OF:	  

		BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140000286 


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 educational benefits to his spouse and children under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states:

	a.  He transferred his Post-9/11 GI Bill benefits to his spouse and children on 22 October 2012.

	b.  He was also issued discharge orders dated 22 October 2012.

	c.  He is being told that he cannot transfer his education benefits because the date of his orders and the date that he transferred the benefits are the same.

	d.  He should be able to transfer education benefits to his spouse and children according to the Post-9/11 GI Bill TEB criteria.

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* his discharge orders
* a screenshot of a page of the milConnect TEB internet website



CONSIDERATION OF EVIDENCE:

1.  On 4 November 2004, the applicant enlisted in the Regular Army and he was discharged on 19 January 2005 after completing 2 months and 16 days of creditable active service.  On 20 April 2006, the applicant again enlisted in the Regular Army.

2.  The applicant's Physical Disability Information Report, dated 22 October 2012, shows he was awarded a disability rating of 10 percent and was scheduled to be separated from the Army on 20 November 2012 upon completion of 6 years, 9 months, and 17 days of service.

3.  The applicant's record contains (and he also provides) Headquarters, United States Army Garrison, Fort Bragg, NC, Orders 296-9869, dated 22 October 2012, which show he was reassigned to the U.S. Army transition point with a reporting date of 22 October 2012 and a discharge date of 20 November 2012.  These orders also show he was assigned a 10 percent disability rating and authorized disability severance pay in the rank/grade of specialist (SPC)/E-4 based on 6 years, 9 months, and 17 days of service.

4.  The applicant provides a screenshot of a page of the milConnect TEB internet website, dated 22 October 2012, which shows his request to TEB to his spouse and three children had been successfully submitted.  It shows he transferred 12 months of benefits to his spouse and 6 months of benefits to each of his children.
This document also show the applicant acknowledged the requirements for transferability of education benefits.

5.  He was discharged due to permanent disability with entitlement to severance pay on 20 November 2012 in the rank of specialist (SPC)/E-4.  His DD Form 214 shows he completed 6 years, 7 months, and 1 day of net active service during the period covered by the DD Form 214 with an additional 2 months and 16 days for a combined total of 6 years, 9 months, and 17 days of active service.

6.  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 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.

7.  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.

8.  On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance for administration of the program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests transfer of his Post-9/11 GI Bill educational benefits to his spouse and children.

2.  His request to transfer his benefits was submitted via the MilConnect website on 22 October 2012 and he was issued separation orders on the same date in 2012.  It is noted that the applicant would have incurred a 4-year service obligation upon his request to transfer the benefits.  Further, he required an exception to policy to be able to commit to the additional service.  Once separation orders were issued he was no longer eligible, by law, to commit to the service obligation.  An exception to policy to serve the additional obligation was not requested and/or processed.

3.  The applicant was discharged due to disability effective 20 November 2012.  There is no evidence showing the applicant was counseled concerning the transfer of his benefits to his spouse and children.

4.  As there is evidence that the applicant did attempt to transfer the benefits to his spouse and children, and there is no evidence he was counseled on his need to submit an exception to policy to commit to the additional service, it would be appropriate to correct his records to show he submitted an exception to policy to commit to the additional service and the request was granted.

5.  In view of the above, the applicant's request should be granted.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant submitted a request for exception to policy to commit to an additional 4 years of service in a timely manner, the request was granted, and that the Army approved his request to transfer Post-9/11 GI Bill benefits to his spouse and children, provided all other program eligibility criteria are met.



      _______ _   _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)                                         AR20140000286





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ABCMR Record of Proceedings (cont)                                         AR20140000286



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