IN THE CASE OF:
BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140002854
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 that he be allowed to transfer educational benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his dependents.
2. The applicant states he was not informed that he needed to transfer his benefits before he was discharged. He was wounded in Iraq and unable to reenlist. He further states he is considered 100 percent disabled through the Department of Veterans Affairs.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 19 July 2006. The evidence shows he served in Iraq from 15 May to 3 December 2007.
2. On 18 July 2012, he was honorably released from active duty due to completion of required active service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.
3. His record contains Orders D-09-315393, dated 10 September 2013, issued by the U.S. Army Human Resources Command which show he was honorably discharged from the USAR on 10 September 2013.
4. There is no indication he applied to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill to his family members while on active duty or as a member of the Selected Reserve on or after 1 August 2009 or that he agreed to serve an additional 4 years in the Armed Forces from the date of election.
5. 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.
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not support the applicant's request for correction of his records to show he submitted a timely application to transfer his Post-9/11 GI Bill educational benefits to his dependents.
2. Based on DOD policy, an individual is eligible to transfer educational benefits to eligible family members after 1 August 2009 who at the time of the approval of the individual's request to transfer entitlement to educational assistance 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.
3. The applicant's service record is void of evidence and he has not provided any evidence which shows he attempted to transfer educational benefits prior to leaving military service or that he agreed to serve an additional 4 years in the Armed Forces from the date of election or that he was prevented from doing so.
4. Based on the foregoing, he is not entitled to the 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) AR20140002854
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140002854
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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