BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20150000234 


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, in effect, an exception to policy to transfer his education benefits to his eligible dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states:

	a.  He is currently assigned to the Warrior Transition Battalion (WTB); however, he is on transitional leave and will be medically retired on 31 December 2014.  He transferred to the WTB in October 2013, after he had completed          6 years of active service and was eligible to transfer his education benefits based on qualifying time.

	b.  He immediately inquired about procedures to initiate the transfer of his education benefits via the Soldier and Family Assistance Center (SFAC) and the Soldier Assistance Center at Schofield Barracks, Hawaii.  He was told by both centers that he needed to wait until he had retirement orders and began the clearing process. 

	c.  His Department of Veterans Affairs (VA) rating decision came back in July 2014.  At that time, he went back to the transition office at the Soldier Assistance Center to verify the procedures he needed to follow to transfer his education benefits under the Post-9/11 GI Bill.  They informed him that their department would be one of the places he needed to clear once his orders were generated and he was going through the clearing process. 
	d.  He received his disability retirement orders in August 2014.  He began the clearing process and on 10 September 2014, he cleared the transition office at the Soldier Assistance Center – at which time the lady who assisted him initiated the request to transfer his education benefits. 

	e.  He is now being told that he is unable to transfer his education benefits because he has not committed to the required additional service time (service remaining requirement (SRR)).  This is completely unfair and not right.  He should not lose a benefit because he was given wrong information.  Had he been given the proper information when he went to the WTB, then he would have had the appropriate time to extend his service time before his retirement orders were cut in order to meet the criteria for transfer.

3.  The applicant provides two separate email message strings that document previous attempts to receive approval for an exception to policy to transfer his education benefits under the TEB provision of the Post-9/11 GI Bill. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 4 October 2007.  He completed training and was awarded military occupational specialty 92A (Automated Logistical Specialist).  The highest rank/grade he attained during his period of active military service was sergeant (SGT)/E-5. 

2.  He served in Iraq from 28 May 2008 to 10 November 2008 and in Afghanistan from 4 February 2010 to 6 February 2011. 

3.  On 2 October 2013, he was reassigned to the WTB, Schofield Barracks, Hawaii for completion of medical care.

4.  On 17 July 2014, a physical evaluation board (PEB) convened and found him medically unfit for service due to post-traumatic stress disorder, right shoulder pain status post repair, and inguinal hernia status post repair.  The PEB recommended a combined rating of 80 percent and temporary disability retirement.  He concurred with the board's findings and recommendation. 

5.  On 27 August 2014, Headquarters, U.S. Army Garrison – Hawaii, Schofield Barracks, Hawaii published Orders 239-0012, which released him from active duty effective 23 October 2014 and placed him on the temporary disability retired list (TDRL) in his retired rank/grade of SGT/E-5, effective 24 October 2014.

6.   On 8 September 2014, Headquarters, U.S. Army Garrison – Hawaii, Schofield Barracks, Hawaii published Orders 251-0010, which amended Orders 239-0012 by changing the effective date of his release from active duty to 
30 December 2014, and by changing the effective date of his placement on the TDRL to 31 December 2014.

7.  On 30 December 2014, he was retired from the Army by reason of temporary disability.  His DD Form 214 shows he completed 7 years, 2 months, and 27 days of active service during the period covered by the DD Form 214. 

8.  The applicant provides two separate email message strings that document previous attempts to receive approval for an exception to policy to transfer his education benefits under the TEB provision of the Post-9/11 GI Bill. 

9.  Public Law 110-252 establishes the legal requirements concerning the transferability of unused education benefits under the TEB provision of the Post-9/11 GI Bill 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.

10.  On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members.  The policy limits the entitlement to transfer education benefits to any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of his or her 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 (emphasis added); 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 from 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.




DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 4 October 2007 to 30 December 2014, a period of 7 years, 2 months, and 27 days.  He was retired from the Army by reason of medical disability.
2.  It appears he attempted to obtain an exception to policy, prior to his retirement, to transfer his unused education benefits to his eligible dependents.
It also appears he did not meet the eligibility criteria to transfer his education benefits, since at the time of his application, he had completed only 6 years (but not 10 years) of service in the Armed Forces.  Therefore, he would have been required to serve 4 additional years in the Armed Forces from the date of his election (SRR) and his request was contingent upon his extension or reenlistment to meet the SRR for eligibility.

3.  Since he was ineligible to extend or reenlist because of his pending medical retirement, he was ineligible to transfer his education benefits.

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)                                         AR20140005002



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ABCMR Record of Proceedings (cont)                                         AR20150000234



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