IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007889 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 military records to show he requested to transfer his education benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his wife and children prior to his retirement due to physical disability. 2. The applicant states he tried to transfer his Educational Benefits to his wife and children before getting out of the military. His request was denied because he did not have the 4 years remaining in his contract and could not extend because he was being retired due to physical disability. He was placed on the retired list on 8 January 2015. He was notified by his case manager at Fort Dix, New Jersey that he was able to transfer his educational benefits because he was being medically retired. He had submitted his request prior to knowing about his medical retirement. He initially submitted his application with only 1 year remaining on his contract. It was denied because he did not have 4 years remaining. Once he was notified that he was getting a medical retirement, he contacted the US Army Human Resources Command (HRC) at Fort Knox, Kentucky. He was told to submit his application for review to get this corrected. 3. The applicant provides: * Email communication between him and HRC, dated 18 July 2013 * Order D 338-48, U.S. Army Physical Disability Agency (USAPDA), dated 4 December 2014 * Email communication between him and the Customer Service Representative, Army Review Boards Agency, dated 24 April 2015 * Email communication between him and HRC, dated 29 April 2015 CONSIDERATION OF EVIDENCE: 1. At the time of his application, the applicant was permanently retired due to physical disability. 2. A review of the applicant’s Army Military Human Resources Record (AMHRR) shows that on 25 January 2013, the applicant was advised to reapply on the Milconnect website for reconsideration. He was directed to recheck all of the acknowledgement boxes and click on submit. Once submitted, the next morning the point of contact at HRC could make a determination and update his status. He could then check back after 3 business days for an update of his status. 3. In an email communication between the applicant and HRC, dated 18 July 2013, as provided by the applicant, he was advised that his TEB request was disapproved because he did not have sufficient time remaining on his contract prior to his expiration term of service (ETS) to fulfill the required service obligation. In accordance with the established Post 9/11 GI Bill Policy, if a Soldier was not eligible to retire by August 2009, then the Soldier must commit to serve the next 4 years in the Selected Reserve from the date of his TEB request. The applicant was informed that he must extend/reenlist and obtain an ETS date at least 4 years from the date he reapplies. 4. Orders A-01-400983, HRC, dated 24 January 2014, ordered the applicant to active duty for a period of 1 day (on 24 January 2014) to participate in the Reserve component managed care-evaluation/disability evaluation system. 5. Orders A-01-400984, HRC, dated 24 January 2014, ordered the applicant to active duty for a period of 1 day (on 28 January 2014) to participate in the Reserve component managed care-evaluation/disability evaluation system. 6. Orders A-01-400985, HRC, dated 24 January 2014, ordered the applicant to active duty for a period of 1 day (on 31 January 2014) to participate in the Reserve component managed care-evaluation/disability evaluation system. 7. Orders A-02-401483, HRC, dated 10 February 2014, ordered the applicant to active duty for a period of 1 day (on 4 February 2014) to participate in the Reserve component managed care-evaluation/disability evaluation system. 8. A DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings) shows that a PEB convened on 6 November 2014. The PEB found that the applicant was unfit due to physical disability rated at 80 percent disabling. The PEB recommended the applicant be permanently retired due to his medical condition. On 7 November 2014, the applicant was counseled concerning the PEB findings. On 13 November 2014, the applicant concurred with the PEB findings and waived a formal PEB. The PEB was approved by the appropriate authority on 16 December 2014. 9. Order D 338-48, USAPDA, dated 4 December 2014, released the applicant from assignment and duty due to physical disability and placed him on the retired list effective 8 January 2015. He completed 13 years, 10 months, and 17 days of creditable service for pay. 10. In an email communication between the applicant and HRC, dated 29 April 2015, as provided by the applicant, he argues that he did not know he could have applied between the date of his separation orders (4 December 2014) and his last day in the service (8 January 2015). 11. Department of Defense Instruction 1341.13, subject: Post-9/11 GI Bill establishes policy for authorizing TEB in accordance with Title 38, U.S. Code, section 3319. It states: a. The Secretary concerned, to promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. b. Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request for TEB under this section, may transfer that entitlement provided he or she meets one of these conditions: (1) Has at least 6 years of service in the Military Services (active duty or Selected Reserve), on the date of approval and agrees to serve 4 additional years from the date of election. (2) Has at least 10 years of service in the Military Services (active duty or Selected Reserve), is precluded by either standard policy or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute. (3) Is or becomes retirement eligible during the period from 1 August 2009 through 31 July 2012. (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 additional service was required based on the individual's retirement eligibility date. (4) On or after 1 August 2013, all members must comply with the requirements listed above pertaining to individuals with 6 or more or 10 or more years of service. DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of his military records to show he requested to transfer his education benefits under the TEB provision of the Post-9/11 GI Bill to his wife and children prior to his retirement due to physical disability because he did not know he could have applied between the date of his separation orders (4 December 2014) and his last day in the service (8 January 2015). 2. The laws and regulations governing the TEB do not provide this Board the authority to waive any of the program requirements. The Board can only correct specific records that are found to be in error, which may or may not result in an applicant’s ability to submit a TEB request. In the applicant’s case the available documentary evidence of record does not show that the applicant had made, or had attempted to make, a TEB request at any time between 4 December 2014, the date of his separation orders and his separation date of 8 January 2015. 3. The available evidence indicates that the applicant was clearly advised as early as July 2013 that he must extend/reenlist and obtain an ETS date at least 4 years from the date he reapplies in order to qualify for TEB. There is no evidence showing he made any such effort at the time. 4. There is no evidence of error or injustice in this case. 5. In view of the above, the applicant's request should be denied. 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) AR20140009376 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007889 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1