BOARD DATE: 5 September 2013 DOCKET NUMBER: AR20130001602 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 that in 2009, the proper steps were taken to transfer the Post-9/11 education benefits to his spouse. As of December 2012, his spouse was still listed in the eBenefits/MilConnect list for transferability. As of 1 January 2013, he retired and there were no records found under family members that can utilize the benefits. He followed all the instructions given to him in 2009 and within the past month. His spouse is ready to use the education benefits, but they are unable to begin the application process for benefits. He has communicated with the GI Bill information phone center and U.S. Army Human Resources Command (HRC) to no avail. The representative at HRC wasn't able to help him because he didn't print out a "screen shot" in December. 3. He provides no additional documents. CONSIDERATION OF EVIDENCE: 1. The applicant retired from the Regular Army on 31 December 2012 in the rank/grade of master sergeant/E-8 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 December 2012, but did not do so. 3. Even though he contends the proper steps were taken to transfer Post-9/11 GI Bill to his spouse in 2009, 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 December 2012, 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) AR20130001602 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130001602 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1