IN THE CASE OF:
BOARD DATE: 15 October 2015
DOCKET NUMBER: AR20150001069
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 records to show he transferred educational benefits to his wife and children.
2. The applicant states he originally transferred his GI Bill benefits in 2009 to his wife and two children. He was informed at that time he had to give at least one month to each of them to be able to transfer to them at a later date, and he did. He was under the assumption that he could change the months at any time. He changed 36 months to his son when he started college. He then tried to transfer the remaining months through milConnect but was not able to do so. He contacted milConnect and was informed he needed to submit a request to the Army Board for Correction of Military Records because, at the time he retired, his wife and daughter had 0 months. His son has used 15 months of the benefits and will not be using the remaining 21 months. He would like to reinstate the remaining months to his daughter. He is willing to appear before the board. He does not have any documentation from when he originally submitted his request to transfer his benefits to his family members.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty.
CONSIDERATION OF EVIDENCE
1. The applicant retired as Regular Army sergeant first class on 30 September 2012. He completed 20 years, 2 months and 22 days of active duty service.
2. Prior to his retirement he allocated 36 months of his Post 9/11 GI Bill benefits to his son.
3. Public Law 110-252 (Supplemental Appropriations Act, 2008) provides the authority for members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 to transfer unused educational benefits to eligible family members. The Public Law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic educational assistance under this chapter to elect to transfer entitlement to unused educational benefits to one or more of the specified family members.
a. An eligible individual is any member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, does not have an adverse action flag and has completed at least:
(1) 6 years of service in the Armed Forces and enters into an agreement to serve at least 4 more years as a member of the Armed Forces;
(2) 10 years of service in the Armed Forces on the date of election and cannot commit to 4 additional years due to a Retention Control Point (RCP) or Mandatory Retirement Date (MRD) must commit to serve for the maximum amount of time allowed by either RCP or MRD as of the date of request, regardless of the number of months transferred; or
(3) the years of service as determined in Army regulations and established by the Secretary of the Army.
b. An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement, as follows:
(1) to the individual's spouse;
(2) to one or more of the individual's children; or
(3) to a combination of the individuals identified above.
c. Provided the service member allocates at least 1 month of benefits to an eligible family member prior to separation, changes to the number of months allocated to eligible family members can be made at any time, to include after leaving military service.
DISCUSSION AND CONCLUSIONS:
1. There is no available evidence that the applicant transferred any educational benefits to his wife and daughter even though he was eligible to do so for more than 3 years after the TEB program went into effect.
2. Unfortunately, there is no basis for granting the applicant's request.
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) AR20150001069
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ABCMR Record of Proceedings (cont) AR20150001069
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