BOARD DATE: 3 April 2014 DOCKET NUMBER: AR20130013510 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 approval to transfer his educational benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his spouse. 2. He states: a. He was in the process of retiring when a lot of changes were being made to the Post-9/11 GI Bill. b. While he was doing his paperwork, he was told he couldn't use his GI Bill for his wife to get her master degree because she already had a bachelors degree. He was given erroneous information. c. He depended on the personnel section to decipher the new policies for him, but they didn't provide the correct information. Had he known he could use his GI Bill for his wife, he definitely would have transferred his benefits. 3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. The applicant retired from the Regular Army on 31 May 2010 in the rank/grade of sergeant first class/E-7 after completing 20 years of creditable active service. 2. The applicant's service record does not include evidence showing he attempted to transfer educational benefits prior to leaving military service and/or that he was given false information by a reliable source about the rules of transferring educational benefits. 3. On 22 June 2009, Department of Defense (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. 4. 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, document accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316. DISCUSSION AND CONCLUSIONS: 1. The applicant's statements in regard to his entitlement to TEB under the Post-9/11 GI Bill to his spouse are acknowledged. 2. The evidence of record shows he was fully eligible to transfer his educational benefits under the TEB prior to his retirement on 31 May 2010, but did not do so. 3. Even though he contends he was given erroneous information regarding transferring Post-9/11 GI Bill to his spouse, his service record is void of evidence and he has not provided any evidence which shows he attempted to transfer educational benefits prior to leaving military service. 4. Since the applicant did not transfer his benefits before he retired on 31 May 2010, he is ineligible to transfer 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) AR20130013510 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130013510 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1