BOARD DATE:	3 June 2014

		DOCKET NUMBER:  AR20130017312 


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, authorization to transfer his education benefits to his spouse. 

2.  The applicant states that he desires to transfer his education benefits to his spouse.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  After having had prior service, the applicant enlisted in the Regular Army on 12 May 2008 for a period of 3 years and 17 weeks and training as an M1 Armor Crewman.  He completed his training and was transferred to Fort Bliss, Texas for his first and only assignment.

2.  He deployed to Kuwait/Iraq with his unit during the period 20090504 – 20100501 and was returned to Fort Bliss.

3.  On 13 July 2011, he was briefed on education benefits, including the Post-9/11 GI Bill.

4.  On 12 September 2011, he was honorably retired due to temporary disability and was placed on the Temporary Disability Retired List (TDRL).  He had served 


a total of 3 years, 9 months, and 13 days of active service and 7 years, 6 months, and 18 days of prior inactive service.

5.  The Post-9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public Law
110-252, House of Representatives, 2642.  In July of 2008, Congress passed a law for the Post-9/11 GI Bill that went into effect on 1 August 2009.

6.  Public Law 110-252 and Department of the Army, G1 Post-9/11 GI Bill Policy, dated 10 July 2009, provides that a veteran may modify entitlements or revoke entitlements among only those family members that were designated to receive transferred benefits prior to separating from the Armed Forces.  Veterans who transferred entitlements prior to separation or retirement from the Armed Forces may not add new family members after separation or retirement. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to transfer his education benefits to his spouse has been noted.  The program was implemented on 1 August 2009 and the applicant retired 2 years later.

2.  The laws and policies governing the transfer of education benefits (TEB) provide that service members must make the election to TEB prior to separation from the service.  

3.  The Post-9/11 GI Bill was implemented on 1 August 2009 and information pertaining to the transferability of entitlements was disseminated down to education counselors at the installation level and through many public information sites.  He was briefed on educational benefits, to include the Post-9/11 GI Bill, in July 2011.

4.  The evidence of record shows the applicant was placed on the TDRL 2 years after the implementation of the program.  However, there is no evidence of record and the applicant did not provide any corroborating evidence that shows he was advised he could not transfer his education benefits to his family members prior to leaving active duty.

5.  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:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.


      _______ _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)                                         AR20130017312





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ABCMR Record of Proceedings (cont)                                         AR20130017312



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