IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150007370 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 record to show his request to transfer his education benefits to his wife under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill was approved. 2. The applicant states his request to transfer his Post-9/11 GI Bill to his wife was denied due to a clerical error. The clerk stated that he would not have enough time in service based on his expiration term of service (ETS) date, but he was actually “indefinite” and had served 24 years in the military. 3. He provides copies of his DD Forms 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. The applicant has prior enlisted service in the Regular Army (RA). On 26 June 2008, he reenlisted in the RA. 2. His transaction history in the U.S. Army Human Resource Command's (HRC) Integrated Web Services shows: a. On 15 August 2012, the applicant requested TEB and was rejected by his RA Career Counselor on 20 August 2012 due to his ETS date of 9 July 2014. As a result, he was unable to fulfill the 4-year active duty service obligation he would incur. b. On 27 February 2013, the applicant reenlisted for an indefinite period that allowed him to serve up to the Retention Control Point (RCP) (20 years for his current rank of staff sergeant (SSG)/E-6) of 31 August 2018. c. He entered the Integrated Disability Evaluation System (IDES) on 10 February 2014. d. On 6 June 2014, the U.S. Army Physical Evaluation Board (PEB) issued a determination that the applicant was unfit for duty. The effective date of his medical disability discharge order was 31 August 2014. e. His medical disability discharge order was published on 6 June 2014 with a 10 percent disability rating – non-combat related. 3. On 5 October 2015, an HRC staff member responded to a request for assistance regarding the applicant's eligibility for the TEB. (1) The staff member informed the inquiring party that the applicant was initially ineligible for the TEB in 2014 because he could not meet the 4-year service obligation. (2) The applicant entered the IDES on 10 February 2014. If he had requested TEB upon his reenlistment date of 27 February 2013 to 9 February 2014, he would have been approved with a 4-year TEB service obligation (3) Once the applicant entered IDES and because he had 10 or more years of service, he was ineligible to be approved for TEB until he received a determination of fitness for duty. (4) On 6 June 2014, the PEB issued a determination that he was unfit for duty. Upon PEB’s determination of being unfit for duty, he became eligible again to request TEB; however he needed to request TEB before the effective date of his medical disability discharge order of 31 August 2014. (5) When his medical disability discharge order was published on 6 June 2014 with a 10 percent rating, non-combat related, he was eligible again to submit a TEB request from 6 June 2014 to 31 August 2014. 4. There is no documentation showing the applicant attempted to resubmit a TEB request after his request was initially denied on 12 August 2012. 5. Department of Defense (DOD) Directive-Type Memorandum (DTM) 09-003, dated 22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members. a. Eligible individuals include members of the Armed Forces on or after 1 August 2009 who, at the time of the approval of their request to transfer entitlement to educational assistance under this section, are eligible for the Post-9/11 GI Bill, and: b. Have at least 6 years of service in the Armed Forces on the date of election and agree to serve 4 additional years in the Armed Forces from the date of election; or c. Have at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, are precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agree to serve for the maximum amount of time allowed by such policy or statute; or d. Were or became 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.) For those individuals who had an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service was required. For those individuals eligible for retirement: * on or after 1 August 2009 and before 1 August 2010, 1 year of additional service was required * on or after 1 August 2010 and before 1 August 2011, 2 years of additional service was required * on or after 1 August 2011 and before 1 August 2012, 3 years of additional service was required 6. MILPER Message Number 13-102, title: Post 9/11 GI Bill TEB Four-Year Service Obligation for Approved TEB Requests Submitted On/After 1 [August 2013], dated 15 April 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). The message stated the 0, 1, 2, or 3-year service obligations were no longer available after 1 August 2013. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows the applicant could have elected the TEB as early as 27 February 2013, the date he reenlisted for an indefinite period that allowed him to serve up to the RCP of 31 August 2018. 2. The applicant had ample opportunity to request TEB. The TEB website does not show he resubmitted a TEB request during any of the aforementioned periods of eligibility. 3. The applicant does not provide any supporting documentation to show a clerical error or that he submitted a TEB request while in any qualifying status periods. 4. While it is unfortunate that his delay in applying for the TEB has deprived him of this benefit, there is no evidence of error or injustice that would warrant 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 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) AR20140007393 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007370 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1