IN THE CASE OF:	 

		BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20140005712 


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 records to show he elected transfer of his educational benefits to his spouse under the Post-9/11 GI Bill transferability provision.

2.  The applicant states:

	a.  he was found unfit by the Army's Medical Evaluation Board.  He is medically retired and his last day on active duty was 30 March 2014.  He has 
7 years of active duty and he wanted to transfer his education benefits to his wife for fear that he would not be able to gain sufficient employment due to his medical issues.

	b.  he was advised he needed to obtain an exception to policy (ETP) from his command in order to transfer his education benefits to his spouse because he did not meet the time in service requirements.  But, since he was being medically discharged he is eligible to use the TEB as long as he obtains an ETP to extend his time in service.  That's where the problem exists.  His first sergeant and commander both refused to sign an ETP because they did not believe it was right to extend a service member, knowing full well that the service member was not going to fulfill the duration of that extension.  He pleaded with them, trying to get them to realize that the only reason he was not going to fulfill the duration of the extension is because of his medical issues and not because of a voluntary choice.  They were not having any of it and still refused to sign off on the ETP.

	c.  he believes the actions and reasons for the actions taken by his first sergeant and commander were unjust.  If he is eligible to transfer his education benefits and all he needs is a signature in order to utilize it, he does not see why he should not be able to take advantage of it.  He was discharged for medical disabilities that he received as a result of military combat.  It's not his fault that he has these medical issues and he should not be the subject of any form of discrimination because of them.        

3.  The applicant provides no additional documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  Having prior active service in the Air Force, the applicant enlisted in the Regular Army on 8 January 2009 and trained as a motor transport operator.  He served in Kuwait from 23 September 2009 to 22 September 2010.  He was honorably discharged on 5 December 2011 for immediate reenlistment.  He reenlisted on 6 December 2011 for a period of 3 years.  On 30 March 2014, he was retired due to disability, temporary (enhanced) after completing 7 years, 
4 months, and 3 days of total creditable active service.

2.  There is no evidence of record which shows he transferred his Post-9/11 GI Bill benefits to his dependents prior to his retirement.

3.  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 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.
4.  Army Regulation 601-280 (Army Retention Program) states to qualify for reenlistment Soldiers must meet the medical retention standards of chapter 3, Army Regulation 40-501, or have been found physically qualified to perform in his or her PMOS.  Soldiers who have been found qualified for retention by a
Physical Evaluation Board will not be denied reenlistment under this provision. Soldiers pending military occupational specialty/medical retention board (MMRB) action per Army Regulation 600-60 will not be reenlisted until the MMRB action has been finalized; however, they may be extended for the minimum time necessary to complete the MMRB action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, the law states a member must 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 have at least 10 years of service and be precluded by standard policy or statute from extending.

2.  The available evidence shows he was retired due to disability effective 
30 March 2014 after completing 7 years, 4 months, and 3 days of active service.  

3.  If he had completed at least 10 years of service he could have elected to transfer his Post-9/11 GI Bill benefits because he would have been precluded from incurring a 4-year service obligation upon his election.  Unfortunately, he did not complete 10 years of service, and he was not eligible to extend solely to get him to that 10-year point.

4.  Regrettably, 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)                                         AR20140005712





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140005712



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1