BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20140013627
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 record to show he transferred his Post 9/11 GI Bill education benefits to his spouse.
2. He states:
a. He did not apply prior to his medical retirement because he was not informed. He was not aware of the stipulations regarding the Montgomery GI Bill [sic], but even if he had been made aware, he would have been unable to complete the 6 years of service or any additional service time due to his injuries.
b. If he is unable to work due to his disability, he needs the transfer of education benefits (TEB) to be given to his wife because she will have to be able to provide for their family. She recently was accepted into nursing school and needs the assistance to pay for the education. Due to his disability, he no longer has the financial income that he had before and now needs his wife to take on that role as a nurse.
c. He discovered that in order to transfer his education benefits, a person must have served 6 years and commit to another 4 years. However, he is unable to do that due to his medical retirement that was beyond his control. After he came back from Afghanistan, he suffered greatly due to post traumatic stress disorder (PTSD) and now has a disability rating at the Department of Veterans Affairs (DVA) of 70 percent.
d. He and his wife should not be punished for his inability to serve due to a combat-related injury. It was not his choice to leave the military. Furthermore, he signed up for the Montgomery GI Bill when he entered the military intending to use it for himself or for his future spouse, and he contributed to the program throughout his military career.
3. The applicant provides:
* copy of his marriage certificate
* service member's certificate of eligibility for the Montgomery GI Bill, under Chapter 30
* DVA letter which awards him a 70 percent disability rating
* separation orders
CONSIDERATION OF EVIDENCE:
1. On 27 April 2009, the applicant enlisted in the Regular Army (RA). He completed initial entry training and he was awarded military occupational specialty 68W (Health Care Specialist).
2. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was retired from the RA due to temporary disability on
19 May 2014 after completing 5 years and 23 days of active duty service. Additionally, it shows that he served in Afghanistan from 16 January 2011 to
7 January 2012.
3. Montgomery GI Bill eligibility requirements are set in law and are only for active duty service members or veterans who meet certain requirements. The program does not allow a person to transfer their education benefits to their spouse or children.
4. Post 9/11 GI Bill education benefits may be transferred to dependents if eligibility criteria for transfer are met. 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 education 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 20Â years of active duty or 20Â 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 available evidence does not support the applicant's request for correction of his record to show he transferred his Montgomery GI Bill or his Post-9/11 GI Bill education benefits to his dependents.
2. The Montgomery GI Bill does not allow a service member to transfer their education benefits to their dependents.
3. Although the applicant is eligible for the Post 9/11 GI Bill, to be eligible for TEB to a dependent, 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.
4. The applicant completed less than 6 years of service. Therefore, he was not eligible for the TEB to his spouse. Unfortunately, he could not meet this eligibility requirement of 6 years of service to qualify for the TEB provision of the Post 9/11 GI Bill due to his retirement at 5 years and 23 days of active duty service. 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) AR20140005080
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ABCMR Record of Proceedings (cont) AR20140013627
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