IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140001932
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, an exception to policy to transfer educational benefits to his spouse under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states due to no fault of his own, he was not allowed to fulfill his initial obligation through 2015. Due to his early retirement the education benefits he transferred to his spouse in 2011 were revoked, after the initial transfer was accepted and transferred back to him. He contacted the Education Department of the Department of Veterans Affairs (VA) in St. Louis, MO and he was informed that Department of Defense (DOD) was required to make or change the status of the transfer of his education benefits. While out-processing he inquired concerning the transfer of his education benefits, and all sections confirmed the transfer. He then received a letter dated 23 December 2013 concerning the transfer of benefits back to him.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), Notification of Separation under the Qualitative Management Program, and VA Certificate of Eligibility.
CONSIDERATION OF EVIDENCE:
1. The applicant was selected for involuntary separation under the Qualitative Management Program (QMP) and allowed to remain on active duty until 12 November 2013, the day he would attain 20 years of Active Federal Service. His separation date was established as 1 December 2013.
2. On 30 November 2013, he retired from the Active Army after completing
20 years and 19 days of active duty service.
3. His TEB account shows that the applicant transferred his benefits to his eligible dependent and as such he incurred an additional four-year service obligation. His TEB Obligation End Date was determined to be 4 December 2015. On 4 February 2013, he was selected for the Army's QMP and was unable to fulfill the TEB Obligation. His TEB was canceled on 7 February 2014.
4. Department of Defense Directive-Type Memorandum (DTM) 09-003, dated
22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members.
a. Eligible individuals include a 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, 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.
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.
5. The Deputy Chief of Staff, G-1, Post 9/11 GI Bill Implementation Policy, dated 10 July 2009, states that the Department of Veterans Affairs agreed not to revoke transferred benefits for Soldiers who have agreed to an additional service commitment and who did not complete the agreed upon service due to separation for medical disability or through a service force shaping initiative. Force shaping initiatives include, but are not limited to, Reductions in Force (RIF), Selective Early Retirement Boards (SERB) and the Qualitative Service Program (QSP).
6. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides the policy for the QMP. The QMP identifies noncommissioned officers whose performance, conduct or potential for advancement do not meet Army standards for continued service, as determined by the approved recommendation of a Headquarters, Department of the Army centralized selection board responsible for QMP selection. Involuntary Separation under the QMP is not considered a force shaping imitative.
DISCUSSION AND CONCLUSIONS:
1. The record shows that upon transferring his education benefits to his dependents his TEB Obligation End Date was determined to be 4 December 2015. The evidence of record shows the applicant was selected for QMP and retired on 30 November 2013. The TEB is a retention initiative and individuals must agree to complete the required additional service in order to retain this benefit. His involuntary separation under the QMP (not the QSP) prevented him from completing his TEB service obligation; therefore, he is no longer eligible for the TEB under the Post 9/11 GI Bill.
2. In view of the above, his request should be denied.
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) AR20140001932
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