IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140002965
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 an exception to policy to allow him to transfer educational benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his family members.
2. The applicant states, in effect, that while he was deployed between 2010 and 2011 he transferred his education benefits to his family members. However, due to a system error his election was not recorded and he is now being informed that he will incur an additional four-year service obligation upon the transfer of his benefits.
3. The applicant provides:
* 3 character references
* Memorandum, Subject: Information on School Benefits Claim, dated
4 February 2014
* email correspondence between the applicant and officials from the Army Continuing Education Division
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the Active Guard Reserve (AGR) as a sergeant first class (SFC/E-7).
2. His record contains a memorandum, dated 7 March 2013, SUBJECT: Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) which informed him that he had completed the required years of qualifying Reserve service and was eligible for retired pay at age 60.
3. He provided:
a. An email, dated 23 December 2013, from the Finance and Incentive Branch, U.S. Army Human Resources Command (HRC ) notifying him that his TEB request was approved and as such his additional service obligation was established as 19 December 2017.
b. Three character references in which the authors attest to the applicant's integrity and trustworthiness. They all believe that he did in fact submit his TEB request while deployed to Afghanistan in 2011 and he should not be penalized for a system error.
c. A memorandum authored by the applicant wherein he contends that he initiated the transfer of his education benefits while deployed to Afghanistan in 2011 and the fact that there is no record of the transaction is due to no fault of his own. He planned to retire upon the completion of 20 years of service but having this additional service obligation has demoralized him in such a way that he cannot describe it.
4. The TEB website shows the date of his request as 20 December 2013. There is no record showing that the applicant requested TEB between 2010 and 2011.
5. Public Law 110-252 limits the eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or a member of the Selected Reserve. A Soldier must also agree to serve the prescribed additional service obligation.
6. Military Personnel (MILPER) Message 13-102 (Post 9/11 GI Bill Transfer of Education Benefits Four-Year Service Obligation for Approved TEB Requests Submitted on/after 1 August 2013), issued 15 April 2013, states that all Post 9/11 GI Bill TEB requests submitted and approved on or after 1 August 2013 will incur a four-year service obligation from the TEB request date, regardless of years in service (except when precluded by either policy or statute from committing an additional four years, e.g., Temporary Early Retirement Authority).
DISCUSSION AND CONCLUSIONS:
1. His request to correct his record to show he was eligible to transfer his Post-9/11 GI Bill benefits has been carefully considered. However, the governing law is very specific regarding the transfer of benefits.
2. It appears that he was fully eligible to transfer his education benefits to his family members under the TEB at the time the program was implemented in July 2009. He contends that he completed his TEB request in 2011 while deployed to Afghanistan; however, there is insufficient evidence to support his contention.
3. His sincerity is not in question. However, DOD policy requires that individuals incur a four-year additional service obligation at the time they elect to transfer their education benefits, and as such the applicant would incur this additional service obligation.
4. In view of the above, and lacking evidence to the contrary, 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) AR20140002965
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ABCMR Record of Proceedings (cont) AR20140002965
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