IN THE CASE OF:
BOARD DATE: 13 November 2014
DOCKET NUMBER: AR20140005448
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 children.
2. He states he transferred his education benefits to his children before he retired in 2012. He went on the Defense Enrollment Eligibility Report System (DEERS) website and found his information had not been entered on the transfer of education benefits (TEB) page. He would like this changed.
3. He provides printouts of the DEERS entries for his children and a memorandum, subject: Request for Further Documentation (Incomplete Physical).
CONSIDERATION OF EVIDENCE:
1. The applicant had prior service in the U.S. Army Reserve. On 27 September 1995, he enlisted in the Massachusetts Army National Guard, where he served until he was transferred to the Retired Reserve on 5 February 2012. He completed 20 years of total service for retired pay.
2. Department of Defense (DOD) Directive-Type Memorandum 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 members of the Armed Forces on or after 1 August 2009 who, at the time of the approval of their request to transfer entitlement to educational assistance under this section, are eligible for the Post-9/11 GI Bill, and:
b. have at least 6 years of service in the Armed Forces on the date of election and agree to serve 4 additional years in the Armed Forces from the date of election; or
c. have at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, are precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agree to serve for the maximum amount of time allowed by such policy or statute; or
d. were or became 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.) For those individuals who had an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service was required. For those individuals eligible for retirement:
* on or after 1 August 2009 and before 1 August 2010, 1 year of additional service was required
* on or after 1 August 2010 and before 1 August 2011, 2 years of additional service was required
* on or after 1 August 2011 and before 1 August 2012, 3 years of additional service was required
DISCUSSION AND CONCLUSIONS:
1. Because the applicant completed 20 years of service qualifying for retirement after 1 August 2011 but before 1 August 2012, his TEB election would only have been valid if he completed an additional 3 years of Selected Reserve service. He did not complete the additional service; therefore, any TEB election he made was rendered invalid.
2. At the time of his transfer to the Retired Reserve the requirements for TEB had been widely disseminated and were readily available to all Army personnel. There is no evidence that he was unfairly deprived of the opportunity to complete the additional service necessary to validate any TEB election he may have made. In the absence of such evidence, there is no basis for granting 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) AR20140005448
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ABCMR Record of Proceedings (cont) AR20140005448
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