IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140016723
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 children prior to being retired from the Regular Army.
2. The applicant states he switched his MGIB over to the new Post- 9/11 GI Bill and elected to give the entitlement to his children before he separated from the military. He received confirmation prior to separation that the switch was done correctly and that his children would be allowed to take full advantage of this entitlement. At the time he did not select how many months each child would receive because they were only in elementary school at the time and understood he had time to make that decision when needed. Now that he has retired and his eldest child is about to attend college at the University of Alabama, Tuscaloosa, he is being told the TEB was denied. He has not received anything from the Department of Veterans Affairs. He has just an email from the school. He believes this is a mistake and the enrollment that he submitted while on active duty should be honored in full. He is not sure why or how this mistake happened; but his records should indicate he transferred his Post-9/11 GI Bill benefits to his dependent children.
3. The applicant provides no additional documentation.
CONSIDERATION OF EVIDENCE:
1. On 25 August 1992, the applicant enlisted in the Regular Army. He attained the rank of sergeant first class, pay grade E-7 in April 2006.
2. On 31 August 2012, the applicant retired from active duty due to a sufficient length of service. He had completed 20 years and 6 days of active duty service.
3. A review of the applicant's records at the U.S. Army Human Resources Command failed to show any evidence that he requested to transfer his educational benefits prior to his retirement.
4. 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). For those individuals who had an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service was required. For those individuals eligible for retirement on or after 1 August 2009 additional service was required based on the individual's retirement eligibility date.
(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 MGIB benefits under the TEB provision of the Post-9/11 GI Bill to his children prior to being retired from the Regular Army.
2. The available evidence of record does not show that the applicant had made, or had attempted to make a TEB prior to his retirement. Had he done so, he would have been required to serve an additional period of service because he was not eligible for retirement until 31 August 2012.
3. In view of the above, the applicant's request should be denied.
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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140016723
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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