IN THE CASE OF:
BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140017291
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 authorization to transfer his educational benefits to his spouse under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states that he was medically retired on 21 July 2014. He received eligibility for the GI Bill on 14 August 2014, after his medical retirement.
Transferring of GI Bill benefits is only allowed while serving on active duty, but he did not receive notification of his eligibility for GI Bill benefits until after being discharged and did not have the opportunity to transfer his benefits. The Department of Veterans Affairs (VA) directed him to the Department of Defense (DoD) as they determine eligibility for GI Bill benefits' transfer. The DoD directed him to the Board as he is already discharged. He requests a one-time exception to allow a transfer of 12 months of his GI Bill benefits to his spouse.
3. The applicant provides a copy of a 14 August 2014 letter from the VA's Atlanta Regional Office.
CONSIDERATION OF EVIDENCE:
1. The applicant, a retired Medical Service Corps captain, retired due to permanent physical disability on 21 July 2014. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he had completed 4 years and
2 months of active duty service.
2. The 14 August 2014 letter from the VA's Atlanta Regional Office provided the applicant with a "Certificate of Eligibility" and notified him that he was entitled to benefits for an approved program of education or training under the Post 9/11 GI Bill.
3. Public Law 110-252 limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve of the U.S. Army on or after 1 August 2009.
4. On 22 June 2009, the 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 the 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.
5. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.
DISCUSSION AND CONCLUSIONS:
1. The evidence indicates the applicant was not authorized to transfer his Post-9/11 GI Bill benefits, in part, because he did not have at least 6 years of service in the Armed Forces.
2. He did not provide any evidence to substantiate his claim that the VA directed him to DoD or that DoD directed him to the Board as he is already discharged.
3. Additionally, he provided no evidence showing he was eligible to transfer his Post 9/11 GI Bill benefits.
4. The VA letter the applicant provided was reviewed; however, it appears to apply to special programs offered by the VA under the Post 9/11 GI Bill. It does not show that the applicant was eligible to transfer his Post 9/11 GI Bill benefits.
5. The applicant's service and his sincerity are not in question. However, there is neither an error nor an injustice in the applicant's transfer of benefits processing.
6. In view of the foregoing, there is an insufficient evidentiary 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) AR20130005704
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140017291
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140004386
Application for correction of military records (with supporting documents provided, if any). 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 and document accordingly and maintain records for individuals who receive supplemental educational assistance...
ARMY | BCMR | CY2014 | 20140004386
Application for correction of military records (with supporting documents provided, if any). 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 and document accordingly and maintain records for individuals who receive supplemental educational assistance...
ARMY | BCMR | CY2014 | 20140017328
When he elected to transfer the Post-9/11 GI Bill to his eligible dependents, he was assigned a service obligation date of 7 September 2011; however, he retired on 31 December 2010, which was prior to fulfilling the entire obligation. e. The Post-9/11 GI Bill is still his to use; however, his dependents are not eligible to use the benefits since the service obligation was not fulfilled. The evidence shows the applicant's request to transfer educational benefits to his dependents in...
ARMY | BCMR | CY2011 | 20110016561
The law limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. b. the applicant is eligible to transfer benefits under the Post 9/11 GI Bill TEB Program to his family members because he left the service within 90 days of the implementation of the program. Therefore, it would be equitable to correct his record to reflect he applied to transfer his education benefits...
ARMY | BCMR | CY2015 | 20150000223
The applicant states: * there is not much he can give his children who followed him during their growing-up years and had to be uprooted during high school because he was again being transferred * receiving the educational benefits is one small way he can demonstrate his appreciation for the sacrifices they made during his career * he elected to transfer his Post-9/11 GI Bill benefits to his dependents at the time it was first authorized in June 2009 because he already had a master's degree...
ARMY | BCMR | CY2014 | 20140012473
The applicant states: * he applied online to transfer his Post-9/11 GI Bill benefits to his children while serving in Iraq in 2009 * at the time he had over 18 years of service in the Army * he was under the impression that the online transfer went through, as the website at the time indicated, but now he thinks something must have gotten lost in the chaos of the situation * he received paperwork from the Department of Veterans Affairs (VA) stating he had been allocated 36 months of the...
ARMY | BCMR | CY2014 | 20140012144
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The policy states eligible individuals include any member of the Armed Forces on or after 1 August 2009 who, at the time of the 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;...
ARMY | BCMR | CY2014 | 20140000824
IN THE CASE OF: BOARD DATE: 14 August 2014 DOCKET NUMBER: AR20140000824 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the evidence of record shows that, for whatever reason, he only transferred the benefits to his wife; he did not transfer any educational benefits in the TEB online database to either of his daughters. He has not provided sufficient evidence to show he added all of his eligible dependent's into the TEB database prior to or at the time of retirement and allocated...
ARMY | BCMR | CY2014 | 20140000824
IN THE CASE OF: BOARD DATE: 14 August 2014 DOCKET NUMBER: AR20140000824 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the evidence of record shows that, for whatever reason, he only transferred the benefits to his wife; he did not transfer any educational benefits in the TEB online database to either of his daughters. He has not provided sufficient evidence to show he added all of his eligible dependent's into the TEB database prior to or at the time of retirement and allocated...
ARMY | BCMR | CY2014 | 20140004799
The evidence of record shows the applicant submitted a request to transfer his education benefits under the TEB on 29 October 2009, which is within 90 days of the implementation of the program. Therefore, it would be equitable to correct his records to show he transferred the remaining balance of his educational benefits under the Post-9/11 GI Bill TEB Program to his youngest son. As a result, the Board recommends that all Department of the Army records of the individual concerned be...