Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140012853
Original file (20140012853.txt) Auto-classification: Denied

		IN THE CASE OF:  

		BOARD DATE:  17 March 2015

		DOCKET NUMBER:  AR20140012853 


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 military records to show he transferred his Montgomery GI Bill (MGIB) benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his spouse prior to being retired from the Regular Army.

2.  The applicant states he recently retired from the Army due to a permanent physical disability rated at 60 percent disabling. The Department of Veterans Affairs (VA) rated his disability at 80 percent disabling.  His total time in service was 9 years, 7 months, and 25 days.  While processing his medical retirement for polycystic kidney and polycystic liver disease, he had very little time to inquire about or to pursue the process needed to request a TEB.  Due to his medical limitations at that time, and with frequent emergency room trips to address health issues to include kidney stones, kidney infections, bursting kidney cysts, and gross amounts of blood in his urine, he was placed on a 2 hour duty day restriction as annotated on his medical profile.  Additionally, given his duty station was located at Fort Polk, LA and his place of care was at Fort Sam Houston, TX, he was required to travel over 8 hours one way to see medical specialists for various reasons related to his health. The frequency of these appointments along with the number of appointments he was still required to attend locally at Fort Polk to address his health issues, left him with very little time to address any administrative issues related to his TEB.  He reached out to an education counselor at Fort Polk, but at the time he (the applicant) was within 90 days of his retirement, and his unit was forward deployed to Afghanistan.  Therefore, the available personnel resources were limited in the retention staff section within his Brigade Combat Team to address TEB issues.  He truly appreciates the Board taking time to consider his request.

3.  The applicant provides copies of:

* Emergency Room Treatment Record, dated 16 February 2013
* A DA Form 3349 (Physical Profile), dated 5 May 2013
* Emergency Room Treatment Record, dated 26 July 2013
* Emergency Room Treatment Record, dated 28 July 2013
* Enlisted Record Brief, dated 5 August 2013
* Integrated Disability Evaluation System (IDES) Narrative Summary (NARSUM), dated 23 August 2013
* A DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated   28 August 2013
* A DA Form 3349, dated 18 December 2013
* A VA Disability Evaluation System Proposed Rating, dated 27 March 2014
* A DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), dated 31 March 2014
* Orders 099-0313, Fort Polk, Louisiana, dated 9 April 2014
* A DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 27 June 2014
* A letter from the VA, providing an estimate of his VA benefits, undated

CONSIDERATION OF EVIDENCE:

1.  On 3 November 2004, the applicant enlisted in the Regular Army.  He completed training as an electronic warfare specialist and attained the rank of staff sergeant, pay grade E-6 in December 2010.

2.  In May 2013, the applicant received a temporary physical profile due to an illness.

3.  In August 2013, the applicant underwent an MEB where it was determined that he suffered from the following medical conditions:

* Polycystic kidney disease (failed retention standards)
* Nephrolithiasis
* Hematuria likely due to rupture of renal cyst
* Hypertension
* Lumbar strain
* Bilateral knee strain
* Hypertensive headaches
* Acne vulgaris on back, chest and upper arms
* Status post multiple traumatic brain injuries (TBI) tension headaches
* Bilateral tinnitus
* Recurrent ear infections
* Refractive error, myopia

4.  In December 2013, the applicant received a temporary physical profile due to an injury limiting his duty to no more than 2 hours per day.

5.  The VA responded on 27 March 2014 to a request for a DES rating made on 11 October 2013.  The VA proposed a combined evaluation of 80 percent for service connected disabilities.

6.  On 31 March 2014, a PEB convened to determine the applicant's physical fitness for military service.  He was found to be unfit due to having polycystic kidney disease.  The applicant indicated his concurrence with the PEB finding and signed the form on 1 April 2014.

7.  Orders 099-0313, Fort Polk, Louisiana, dated 9 April 2014 announced the applicant's retirement effective 27 June 2014, due to physical disability rated at 60 percent.

8.  On 27 June 2014, the applicant was retired due to a permanent physical disability.  He received an honorable characterization of service.  He had completed 9 years, 7 months, and 25 days of creditable active duty service.

9.  Department of Defense Instruction 1341.13, subject:  Post-9/11 GI Bill establishes policy for authorizing TEB in accordance with Title 38, U.S. Code, section 3319.  It states:

	a.  The Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. 

	b.  Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request for TEB under this section, may transfer that entitlement provided he or she meets one of these conditions:

		(1)  Has at least 6 years of service in the Military Services (active duty or Selected Reserve), on the date of approval and agrees to serve 4 additional years from the date of election. 
		(2)  Has at least 10 years of service in the Military Services (active duty or Selected Reserve), 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. 

		(3)  Is or becomes retirement eligible during the period from 1 August 2009 through 31 July 2012.  (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)  On or after 1 August 2013, all members must comply with the requirements listed above pertaining to individuals with 6 or more or 10 or more years of service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he transferred his Post 9-11 education benefits to his spouse prior to his retirement because the processing of his medical retirement due to polycystic kidney and polycystic liver disease left him with very little time to inquire about or to pursue the process needed to request a TEB.

2.  To be eligible for TEB, a Service member must have at least 6 years of qualifying service and agree to serve for 4 additional years.  Service members with at least 10 years of service who are precluded by policy or statute from committing to 4 additional years and agree to serve for the maximum amount of time allowed are also eligible.  

3.  The applicant completed more than 6 but less than 10 years of service.  Therefore, he could only become eligible for TEB by committing to serve for 4 additional years.  Unfortunately, he could not meet this eligibility requirement due to his retirement for permanent physical disability.  There are no provisions of policy or statute that authorize TEB in his situation.  As such, there is no basis for correcting his record to show he transferred his Post 9/11 GI Bill education benefits to his spouse.








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)                                         AR20140009376



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140012853



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • AF | PDBR | CY2014 | PD 2014 00007

    Original file (PD 2014 00007.rtf) Auto-classification: Denied

    Using the criteria in code 7101 yields a 30% rating under code 7533 that states, “…or hypertension at least 10 percent disabling under diagnostic code 7101.”After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability rating of 30% for the nephralgia back pain attributed to polycystic kidney disease condition. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows; and, that...

  • AF | PDBR | CY2012 | PD 2012 01785

    Original file (PD 2012 01785.rtf) Auto-classification: Denied

    Low Back Mechanical Pain Condition . The Board first considered VASRD codes 7533 (cystic diseases of the kidneys) -5295 (lumbosacral strain), using the VASRD rating in effect at the time of separation.The Board did not find evidence in the record of “muscle spasm on extreme forward bending, or any loss of lateral spine motion, unilateral, in standing position,” for a higher 20% rating in the CI’s favor. The evidence pointed to a contribution to the LBP and aggravationsof low back pain with...

  • ARMY | BCMR | CY2014 | 20140005002

    Original file (20140005002.txt) Auto-classification: Approved

    The applicant states: * he did not know that he had to complete the [submission] on milConnect to complete the transfer * he would have completed the transfer before he was medically retired if he had known that the transfers were not enforced * he retired for medical reasons with 17 years and 8 months of service * he applied for his children to be the beneficiaries of his Post 9-11 GI Bill in June 2011 and thought everything was OK since he did not receive a hard confirmation copy * when...

  • ARMY | BCMR | CY2013 | 20130004266

    Original file (20130004266.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). On 4 March 2004, a Medical Evaluation Board (MEB) found that all his medical conditions existed prior to service (EPTS) and they were not caused by or aggravated by active service. c. Indicated the applicant was physically unfit and recommended that he be separated from the service without disability benefits.

  • ARMY | BCMR | CY2014 | 20140008407

    Original file (20140008407.txt) Auto-classification: Approved

    He was denied TEB because his record showed he did not complete the required 10 years of active service. The available evidence of record shows that the applicant had completed 10 or more years of service as of his initial TEB request dated 2 January 2013. 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 approved his request to transfer his Post 9/11 GI Bill...

  • ARMY | BCMR | CY2003 | 2003089279C070403

    Original file (2003089279C070403.rtf) Auto-classification: Denied

    The applicant’s military records were not available to the Board. Although documents associated with the applicant’s 1991 Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB) were not available to the Board, the separation document provided by the applicant in support of her request indicates that she was honorably discharged on 15 October 1991 by reason of physical disability. He concluded by stating that the “degree of stress associated with her current employment and in...

  • ARMY | BCMR | CY2013 | 20130017053

    Original file (20130017053.txt) Auto-classification: Denied

    The applicant states he was not properly informed of the requirement to transfer educational benefits under the TEB provision of the Post-9/11 GI Bill to his immediate family members prior to his retirement from the U.S. Army Reserve. 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. His request to correct his record to show he was eligible to transfer his Post-9/11 GI Bill benefits has...

  • ARMY | BCMR | CY2014 | 20140005080

    Original file (20140005080.txt) Auto-classification: Denied

    Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request for TEB under this section, may transfer that entitlement provided he or she meets one of these conditions: (1) Has at least 6 years of service in the Military Services (active duty or Selected Reserve), on the date of approval and agrees to serve 4 additional years from the date of election. (A service member is considered to be retirement eligible if he...

  • AF | PDBR | CY2014 | PD 2014 00624

    Original file (PD 2014 00624 .rtf) Auto-classification: Denied

    RECORD OF PROCEEDINGSPHYSICAL DISABILITY BOARD OF REVIEWNAME: XXXXXXXXXXXXXX CASE: PD-2014-00624BRANCH OF SERVICE: AIR FORCEBOARD DATE: 20140829 RECOMMENDATION : The Board, therefore, recommends that there be no re-characterization of the CI’s disability and separation determination. I have carefully reviewed the evidence of record and the recommendation of the Board.

  • AF | PDBR | CY2011 | PD2011-00798

    Original file (PD2011-00798.docx) Auto-classification: Denied

    The Physical Evaluation Board (PEB) adjudicated the recurrent nephrolithiasis and temporomandibular joint disorder conditions as unfitting, rated 20% and 0%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD) and SECNAVINST 1850.4E. After a VA dental rating examination was completed in January 2004, the rating was increased to 10% effective 30 September 2003 based on the maximal inter-incisal range of 36mm documented on that examination. Service Treatment Record