IN THE CASE OF:	  

		BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20140008673 


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 transfer of her educational benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to her children.

2.  The applicant states:

	a.  She submitted a request to transfer her education benefits to her family members under the TEB provision of the Post-9/11 GI Bill and her request was disapproved due to the time she had left in the Army; she was instructed to extend her enlistment.  She contacted her career counselor and was notified she was ineligible to extend due to her current grade.  She submitted documentation that showed she was going through a medical evaluation board (MEB) and was told she needed to be promoted to sergeant (SGT)/E-5 to be able to transfer her education benefits.

	b.  She believes this decision should be changed because she won't be able to make the rank/grade of SGT/E-5 before the completion of the MEB.  She submitted her request to transfer her education benefits numerous times and was told different reasons each time it was disapproved.  She completed her college education while on active duty and would like to give her children the opportunity to complete their degrees.  She will be separated in the near future, education costs a lot, and it would be one less thing she would have to worry about as a single parent.

3.  The applicant provides two memoranda and six pages of email.

CONSIDERATION OF EVIDENCE:

1.  The applicant is an active duty Regular Army (RA) Soldier serving in the rank/grade of specialist (SPC)/E-4 assigned to the 47th Brigade Support Battalion (BSB), Fort Bliss, TX.  She enlisted in the RA on 5 January 2007 for a period of 4 years and 22 weeks.  She attained the rank of SPC on 1 August 2009.  

2.  She reenlisted in the RA in March 2010 and September 2012.  Her expiration term of service (ETS) date is 13 September 2016.  

3.  The applicant provides an email written to her from the U.S. Army Human Resources Commander (HRC), dated 10 July 2013, wherein it stated:

	a.  The request to transfer her education benefits under the TEB provision of the Post-9/11 GI Bill had been reviewed but was in a pending status due to her having insufficient retainability to fulfill the required service obligation associated with transferring her benefits to an eligible dependent.  

	b.  If she did not have 20 qualifying years of service by 1 August 2009, then she must serve 4 years on active duty from the date of her request.  Her request was dated 3 June 2013 and her ETS date was 13 September 2016.  Her ETS would have to be at least 3 June 2017 in order to qualify.

4.  She provides an email from the 47th BSB Retention Noncommissioned Officer (NCO), dated 22 January 2014, wherein it stated she (the applicant) was a non-promotable specialist and her ETS date put her over the Retention Control Point (RCP) for her current rank, so unless she became promotable she was ineligible to extend or reenlist.  

5.  The applicant also provides a memorandum written to her commander, from the Physical Evaluation Board (PEB) Liaison Officer, William Beaumont Army Medical Center (BAMC), El Paso, TX, dated 6 March 2014, stating she was currently undergoing physical disability processing with planned referral to the PEB.

6.  Law 110-552 establishes legal limitations on the transferability of unfunded Post-9/11 GI Bill benefits and limits eligibility to members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.  In order to transfer benefits to a Soldier:


   a.  must be currently on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her family members; 

	b.  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 to eligible children;  

	c.  has to have 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

	d.  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 Department of Defense) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute.

7.  Military Personnel Message Number 11-096, dated 25 March 2011, Subject:  Change to RCP for Enlisted Soldiers Serving in the RA or Under the Active Guard Reserve Title 10 Programs, stated the RCP for SPC was 8 years and 12 years for promotable SPC.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant, a non-promotable SPC, enlisted in the RA on 5 January 2007 and her ETS is 13 September 2016.  On 3 June 2013, she requested to transfer her education benefits to her children but it was denied due to her not having the required retainability.

2.  In order to transfer education benefits under Post 9/11 GI Bill a Soldier must have at least 6 years of service on the date of election and agree to serve 4 additional years or have served at least 10 years on the date of election.  In addition, to transfer Post 9/11 GI Bill benefits to children a Soldier must have 10 years of eligible service.  

3.  The requirement to have served at least 10 years to transfer education benefits to eligible children under the Post 9/11 GI Bill is embedded in the law and a change to this law is not within the purview of this Board.  As the applicant does not have the required service, as required by law, there is an insufficient evidentiary basis for granting her 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)                                         AR20140008673



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ABCMR Record of Proceedings (cont)                                         AR20140008673



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