IN THE CASE OF:	  

		BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140012851 


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 transferred his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill prior to retiring from military service.

2.  The applicant states that a Physical Evaluation Board directed that he be medically retired from the U.S. Army in September 2012.

   a.  At that time he was told he had to enroll his dependents in the Post-9/11 GI Bill program.  However, his request was denied because of his years of service.  Human resources personnel at his unit told him that his dependents would be eligible to use his education benefits once he was actually retired. 

   b.  On 11 July 2014, he spoke to an official in the Office of the G-1 who told him that if his retention date was changed to a 4-year contract on his last reenlistment contract, he would be qualified to transfer his education benefits to his dependents.

3.  The applicant provides no documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 19 February 2003.  Through a series of reenlistments, he continued to serve in the RA until 
20 September 2012.  He attained the rank of sergeant (E-5) on 1 May 2007.

2.  U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Sill, OK, Orders 177-1312, dated 25 June 2012, ordered the applicant's release from the RA on 20 September 2012 and placement on the Temporary Disability Retired List (TDRL) effective 21 September 2012.

3.  A DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members) shows the applicant received Army Career Alumni Program (ACAP) counseling on his education benefits on 26 June 2012.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably retired from active duty on 20 September 2012 in accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4 (Procedures), based on disability –
temporary (enhanced) and transferred to the U.S. Army Control Group (Retired). He had completed 9 years, 7 months, and 2 days of total active duty service.

5.  U.S. Army Physical Disability Agency, Arlington, VA, Order D 239-17, dated 27 August 2014, removed the applicant from the TDRL on 27 August 2014 because of permanent physical disability and permanently retired him effective 28 August 2014.

6.  A review of the applicant's military personnel records failed to reveal any evidence of a TEB request.

7.  Public Law 110-252 (Supplemental Appropriations Act, 2008) provides the authority for members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 to transfer unused educational benefits to eligible family members.  The Public Law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulations prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic educational assistance under this chapter to elect to transfer entitlement to unused education benefits to one or more of the specified family members.

	a.  An eligible individual is any member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, has completed at least:

		(1)  6 years of service in the Armed Forces and enters into an agreement to serve at least 4 more years as a member of the Armed Forces; or


		(2)  the years of service as determined in Army regulations and established by the Secretary of the Army.

	b.  An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement, as follows:

		(1)  to the individual's spouse;

		(2)  to one or more of the individual's children; or

		(3)  to a combination of the individuals identified above.

   c.  Provided the service member allocates at least 1 month of benefits to an eligible family member prior to separation, changes to the amount of months allocated to eligible family members can be made at any time, to include after leaving military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he elected to transfer his Post-9/11 GI Bill educational benefits to his dependents because he was not properly counseled on TEB prior to his retirement from active duty.

2.  The sincerity of the applicant's comments is not in question.  However, he provides no documentary evidence (i.e., ACAP briefing slides, a statement from his education benefits counselor, etc.) that shows he was improperly counseled regarding the transfer of his Post-9/11 GI Bill benefits.

3.  The evidence of record fails to show that the applicant attempted to access the milConnect website to transfer his Post-9/11 GI Bill educational benefits to his dependents prior to his retirement from active duty on 20 September 2012.

4.  The applicant was fully eligible to transfer his educational benefits under the TEB prior to retirement, but he did not do so.

5.  Thus, the applicant retired from the RA without transferring his educational benefits.  By law he is no longer eligible to transfer his benefits.

6.  In view of the foregoing evidence, there is no basis for granting the applicant's 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)                                         AR20140012851



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ABCMR Record of Proceedings (cont)                                         AR20140012851



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