IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140007762
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 he be allowed to transfer his Post-9/11 GI Bill educational benefits to his dependents under the Transfer of Education Benefits (TEB) program.
2. The applicant states he tried to assign his Post 9/11 GI Bill to his spouse and son while he was active duty but his chain of command prevented him from doing so because he was going through a medical board. He was medically discharged due to Post-Traumatic Stress Disorder and Traumatic Brain Injury with a 70% medical retirement from the Army. Currently he is 90% disabled through the Department of Veterans Affairs (VA) and is appealing for 100% unemployability. He is unable to use his GI Bill, and the VA cannot change his education benefits over. He is requesting that the Board allow him to transfer his GI Bill education benefits to his dependents.
3. The applicant provides no supporting documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 20 January 2005. He was released from active duty and placed on the Temporary Disability Retired List with a 70 percent disability evaluation effective 27 August 2013. He had completed 8 years, 7 months, and 8 days of creditable active service.
2. The applicant has not provided and the record does not contain any evidence of an official request for transfer of his educational benefits.
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 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 an 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 or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.
4. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance for the administration of the program. A Soldier must initially request to transfer benefits on the DoD's TEB online database. Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for VA access and implementation.
DISCUSSION AND CONCLUSIONS:
1. The applicant had 8 years of active duty service at the time he was medically retired. Based on that period of service he met the basic eligibility criteria only if he would (could) extend for an additional 4 years.
2. The law governing the transferability of unused Post-9/11 GI Bill benefits places legal limitations on transferability. Members must meet the required periods of service served, commit to a 4-year extension as appropriate, and complete the transfer prior to leaving the service.
3. The available evidence clearly shows that he was not eligible to transfer his education benefits under the TEB at the time of his separation. The TEB policy guidance also provides that a Soldier with less than 10 years of service must agree to complete an additional 4 years of service at the time the request for transfer of education benefits is approved. The applicant had less than 10 years of qualifying service when he was medically retired in 2013, which would have required him to incur an additional 4-year service obligation. Because he had less than 10 years of service that service obligation could not be waived. The applicant was not eligible to transfer his education benefits.
4. Regrettably, based on the above, his request should be denied.
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) AR20140007762
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140007762
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120011778
The applicant had more than 20 years of service upon retirement; therefore, he was eligible to transfer to either his spouse or children (if he completed the request before leaving military service). Counsel requests, in effect, the applicant be given relief by correcting his records to show he elected to transfer benefits under the Post 9/11 GI Bill to his eligible family members prior to his retirement date. The applicant and counsel contend his record should be corrected to allow him to...
ARMY | BCMR | CY2014 | 20140014094
On 17 July 2014, he was informed by Mr. T____ E____, VA Education Services, that the application for the TEB option should have been offered to him prior to separation from the service. However, this was the first time he learned there was a requirement to be approved for TEB prior to separation from the service and this option should have been offered to him upon his release from the NCARNG and at the time of retirement. He is asking that the Board correct his records to show he requested...
ARMY | BCMR | CY2012 | 20120011320
The applicant had more than 20 years of service upon retirement; therefore, he was eligible to transfer to either his spouse or children (if he completed the request before leaving military service). The evidence of record shows he was honorably retired on 30 September 2009 after completing more than 20 years of service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the...
ARMY | BCMR | CY2014 | 20140017881
The applicant requests transfer of his educational benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to family members. The evidence of record shows the applicant was serving on active duty until his disability retirement on 26 January 2012. As he had over 10 years of active duty service, he would have been eligible to transfer any unused education benefits to his eligible family members through the TEB database.
ARMY | BCMR | CY2014 | 20140013606
The applicant's two sons each used education benefits the applicant transferred to them under the TEB provision of the Post-9/11 GI Bill. The applicant was fully eligible to transfer her educational benefits to her dependents under the TEB provision of the Post-9/11 GI Bill prior to her retirement. She incurred an additional service obligation as a result of her approved request to transfer her education benefits.
ARMY | BCMR | CY2011 | 20110019129
The applicant had more than 20 years of service upon retirement, but she was not eligible to transfer to either her spouse or her children because the law requires the Soldier to be in the service on or after 1 August 2009. c. A Soldier may only transfer to eligible dependents. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. Those who retire on or before 1 August 2009 are, by...
ARMY | BCMR | CY2013 | 20130010694
The applicant requests correction of his records to show his education benefits were transferred to his eligible dependent in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The available evidence shows the applicant was eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to his retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20110007920
A Soldier must be currently on active duty or a member of the Selected Reserves at the time of transfer of education benefits to his or her dependent (on or after 1 August 2009). The applicant in this case had more than 20 years of service upon his retirement, so he was eligible to transfer to either his spouse or children (if he completed the request before leaving military service). He was also eligible to transfer his education benefits to his dependent(s) under the TEB prior to his...
ARMY | BCMR | CY2012 | 20120006809
A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer benefits to eligible children. If he transferred [benefits] on his last day of service, he would have been required to stay on active duty until 30 January 2013. e. A Soldier must have no adverse action flag and have an honorable discharge to transfer the benefits. On 22 June 2009, DOD established the criteria for eligibility...
ARMY | BCMR | CY2012 | 20120010851
The applicant had more than 20 years of service upon his retirement, but he was not eligible to transfer to either his spouse or his children because the law requires Soldiers to be in the service on or after 1 August 2009. c. A Soldier may only transfer to eligible family members. If the applicant had been in the service on 1 August 2009, he would not have incurred an additional service obligation, but he was not eligible because he left service prior to 1 August 2009. e. A Soldier must...