IN THE CASE OF: BOARD DATE: 12 November 2013 DOCKET NUMBER: AR20130005179 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 elected transfer of his educational benefits to his spouse under the Post-9/11 GI Bill transferability provision. 2. The applicant states: a. On 18 November 2010, he met with a counselor at the Schofield Barracks Education Center for out-processing and requested to transfer his Post-9/11 GI Bill benefits to his spouse prior to his medical discharge. The counselor advised him he could change the amount of months later if he wanted. The counselor entered the information in the computer and had him sign the paperwork. b. His wife was denied for ineligibility when she applied to use these benefits. c. He was not informed that the transfer hadn't been completed at that time or whether there were further steps needed to complete the transfer. 3. The applicant provides: * DA Form 669 (Army Continuing Education System Record) * email, dated 21 June 2012 * DD Form 214 (Certificate of Release or Discharge from Active Duty) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 20 July 2005 and trained as an infantryman. 2. He provided documentation which shows he was counseled on educational benefits on 18 November 2010. 3. On 6 February 2011, he retired in the rank of sergeant and was placed on the Temporary Disability Retired List the following day after completing 5 years, 6 months, and 17 days of creditable active service. 4. There is no evidence of record which shows he transferred his Post-9/11 GI Bill benefits to his spouse prior to his retirement. 5. On 22 June 2009, the 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 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. 6. 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. 7. DOD, the Army, and the Department of Veterans Affairs initiated a massive public campaign plan that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent transfer of educational benefits. DISCUSSION AND CONCLUSIONS: The law states a member must have at least 6 years of service in the Armed Forces on the date of TEB election. Unfortunately, the applicant was retired after completing only 5 years and 6 months of active service. Regrettably, there is no basis for granting 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) AR20130005179 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130005179 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1