BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140005080
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 record to show he transferred his Post 9/11 GI Bill education benefits to his spouse.
2. He states:
a. He was injured in combat and went through a Medical Evaluation Board (MEB). He wanted to serve 20 or more years in the Army National Guard (ARNG), but he will be medically retired before reaching 10 years of service, which will make him ineligible for transfer of education benefits (TEB). (He was retired for permanent disability on 29 July 2014).
b. His disability is progressive and debilitating and it has kept him from working. He will be taking advantage of a Department of Veterans Affairs (VA) internship and vocational rehabilitation programs specific to his disability needs. That is another reason he would like to transfer his education benefits to his spouse.
3. He provides:
* VA Form 21-08020 (Report of General Information)
* DA Form 3947 (MEB Proceedings)
* Integrated Disability Evaluation System (IDES) Narrative Summary (NARSUM)
CONSIDERATION OF EVIDENCE:
1. On 10 April 2007, the applicant enlisted in the Arizona AZARNG (AZARNG).
2. An IDES NARSUM, dated 8 July 2013, shows he was found to have two medical conditions that did not meet retention standards.
3. On 23 June 2014, the U.S. Army Physical Disability Agency issued Orders D174-23 retiring him for permanent physical disability and placing him on the retired list effective 29 July 2014.
4. A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was discharged from the AZARNG effective 29 July 2014 after completing 7 years, 3 months, and 20 days of net service this period.
5. Department of Defense Instruction 1341.13, subject: Post-9/11 GI Bill establishes policy for authorizing TEB in accordance with Title 38, U.S. Code, section 3319. It states:
a. The Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance.
b. Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request for TEB under this section, may transfer that entitlement provided he or she meets one of these conditions:
(1) Has at least 6 years of service in the Military Services (active duty or Selected Reserve), on the date of approval and agrees to serve 4 additional years from the date of election.
(2) Has at least 10 years of service in the Military Services (active duty or Selected Reserve), is precluded by either standard policy or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.
(3) Is or becomes retirement eligible during the period from 1 August 2009 through 31 July 2012. (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).
(4) On or after 1 August 2013, all members must comply with the requirements listed above pertaining to individuals with 6 or more or 10 or more years of service.
DISCUSSION AND CONCLUSIONS:
1. To be eligible for TEB, a Service member must have at least 6 years of qualifying service and agree to serve for 4 additional years. Service members with at least 10 years of service who are precluded by policy or statute from committing to 4 additional years and agree to serve for the maximum amount of time allowed are also eligible.
2. The applicant completed more than 6 but less than 10 years of service. Therefore, he could only become eligible for TEB by committing to serve for 4 additional years. Unfortunately, he could not meet this eligibility requirement due to his retirement for permanent physical disability. There are no provisions of policy or statute that authorize TEB in his situation. As such, there is no basis for correcting his record to show he transferred his Post 9/11 GI Bill education benefits to his spouse.
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) AR20140005080
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ABCMR Record of Proceedings (cont) AR20140005080
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