IN THE CASE OF:
BOARD DATE: 26 February 2015
DOCKET NUMBER: AR20140010634
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 he did not know he had to transfer his educational benefits while serving on active duty.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 1 November 1974.
2. U.S. Army Human Resources Command Integrated Web Services records show he enlisted in the Army National Guard on 29 October 1997 and he was involuntarily discharged in 2000 for unsatisfactory participation.
2. His chronological statement of retirement points shows he enlisted in the U.S. Army Reserve (USAR) on 24 June 2000.
3. U.S. Army Reserve Command Orders D-05-122906, dated 1 May 2001, show he was honorably discharged from the USAR on 1 May 2001.
4. His records show:
a. He enlisted in the Regular Army on 15 August 2006 for 3 years and 13 weeks. On 13 November 2009, he was discharged from the Regular Army.
b. He enlisted in the USAR on 8 September 2010 for 1 year. There are no discharge orders in the available records, but his chronological statement of retirement points shows his last date in the USAR was 7 September 2011.
5. There is no evidence of record showing he transferred his Post-9/11 GI Bill benefits to his dependents.
6. 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.
7. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, document accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.
8. DOD, the Army, and the Department of Veterans Affairs initiated a massive public campaign plan that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent transfer of educational benefits.
DISCUSSION AND CONCLUSIONS:
1. 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. It appears the applicant was discharged from the USAR in 2011 after completing approximately 8 years of service in the Armed Forces. There is no evidence he reenlisted or extended for an additional 4 years. Therefore, he did not meet the criteria for eligibility and transfer of unused educational benefits to eligible family members.
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 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) AR20140010634
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ABCMR Record of Proceedings (cont) AR20140010634
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