IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002051
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, correction of his records to show he elected to transfer educational benefits to his wife under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill prior to retirement.
2. The applicant states, in effect:
* his Post-9/11 GI Bill benefits were not transferred to his wife
* he was medically discharged and he was helped through the process by a representative
* although the representative helped him transfer his Post-9/11 GI Bill benefits to his wife, his wife was unable to use the benefits because his records do not show he made a TEB election
3. The applicant does not provide any additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 28 November 2007.
2. On 26 August 2014, he was permanently retired due to a physical disability.
3. His records are void of and he failed to provide any documentary evidence showing he transferred his Post-9/11 GI Bill benefits prior to his retirement or evidence indicating he was improperly counseled. Additionally, there is no evidence indicating he followed the established procedure by submitting an application through the Defense Manpower Data Center (DMDC) web application while he was still serving on active duty.
4. On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The DOD 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.
5. The DOD 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, document accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.
6. Requests to transfer Post-9/11 GI Bill benefits to eligible dependents are submitted through the DMDC web application.
7. Military Personnel Message Number 13-102, dated 15 April 2013, subject: Post-9/11 GI Bill TEB 4-Year Service Obligation for Approved TEB Requests Submitted on/after 1 August 2013, was issued to emphasize that all TEB requests submitted on or after 1 August 2013 would incur a 4-year service obligation from the TEB request date regardless of years in service (except when precluded by policy or statute from committing to an additional 4 years).
8. Title 38, U.S. Code, section 3319, prohibits service members who are no longer on active duty from transferring educational benefits. The legislation specifically states "an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his records to show he elected to transfer educational benefits to his wife under the TEB provision of the Post-9/11 GI Bill prior to his retirement was carefully considered.
2. Although he states a representative assisted him in transferring his Post 9/11 GI Bill benefits, his records are void of and he failed to provide any documentary evidence showing he transferred his Post-9/11 GI Bill benefits prior to his retirement or evidence indicating he was improperly counseled. Further, there is no evidence indicating that he followed the established procedure by submitting an application through the DMDC web application while he was still serving on active duty.
3. In the absence of evidence indicating he was unfairly deprived of the opportunity to transfer his educational benefits prior to his retirement, there is an insufficient basis upon which to grant the 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 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) AR20150002051
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ABCMR Record of Proceedings (cont) AR20150002051
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