IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150012825 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150012825 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. IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150012825 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, approval of an exception to policy (ETP) to transfer educational benefits to his wife under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. 2. The applicant states: * his educational benefits should have been transferred to his wife under the TEB provision of the Post-9/11 GI Bill before he left active duty * his records need to be corrected to show approval of TEB under the provisions of the Post-9/11 GI Bill was dated 13 July 2015 * his wife is going to college and she was denied Post-9/11 GI Bill benefits 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. Having prior honorable enlisted service in the Army National Guard, the applicant enlisted in the Regular Army on 23 March 2006. 2. On 30 October 2013, he was placed on the Temporary Disability Retired List. 3. On 2 September 2015, he was removed from the Temporary Disability Retired List and permanently retired with a disability rating of 70 percent. 4. On 20 May 2016, the Finance and Incentives Branch, U.S. Army Human Resources Command, provided an advisory opinion in which the advisory official recommended denial of the applicant's request. The official stated: a.  The Post-9/11 GI Bill is a benefit for the Solider as a reward for service during a time of conflict. The option to transfer education benefits to a dependent is considered an incentive and not a benefit. The transfer of incentive was included in the statute for the express purpose of recruitment and retention. It is neither a reward for service nor a transition benefit. Therefore, the incentive requires the Soldier to commit and fulfill additional service, in most cases, from the TEB request date. b.  On 23 March 2012, the applicant was eligible for TEB at his 6-year point in service. He would have needed to extend or reenlist to commit to the 4-year TEB service obligation. c.  On 5 March 2013, he was enrolled in the medical disability process through the Integrated Disability Evaluation System. He had 6 years of service, which was less than 10 years of service and he was in the Integrated Disability Evaluation System process, any TEB request on or after this date would require an ETP through his unit Army G-1 Enlisted Professional Development Branch to allow him to extend or reenlist to commit to the 4-year TEB service obligation. d.  The TEB website shows he did not request TEB. e.  On 3 May 2013, the PEB found him unfit for duty and formally counseled him on being found unfit. Therefore, any TEB request submitted on or after this date would have been rejected because any ETP request for him to extend or reenlist would have been rejected by Army G-1. If the PEB changed the determination to fit for duty at a later date, he would have returned to duty and could have requested TEB again. 5. On 31 May 2016, a copy of the advisory opinion was sent to the applicant for review and for an opportunity to provide a response. 6. On 21 June 2016, he provided a response in which he stated he knows plenty of people who have received the TEB under the provisions of the Post-9/11 GI Bill after being medically retired. He also questions the fairness due to being medically retired because he was no longer fit to serve. REFERENCES: 1. Department of Defense (DOD) Directive-Type Memorandum 09-003, dated 22 June 2009, established the criteria for eligibility and transfer of unused educational benefits to eligible family members. 2. Military Personnel Message Number 13-102, dated 15 April 2013, subject: Post-9/11 GI Bill TEB 4-Year Service Obligation for Approved TEB Requests Submitted on/after 1 August 2013, provides that all Post-9/11 GI Bill TEB requests submitted and approved on/after 1 August 2013 will incur a 4-year service obligation from the TEB request date regardless of years in service except when precluded by either policy or statute from committing to an additional 4 years (e.g., Temporary Early Retirement Authority). 3. All service members requesting transfer of Post-9/11 GI Bill benefits must make the request through the TEB website, accessible through http://milconnect.dmdc.mil. Requests must be made while the service member is still serving on active duty or as a member of the Selected Reserve. Service members who have already retired or separated are ineligible to transfer benefits. 4. DOD Instruction 1341.13 (Post-9/11 GI Bill) requires that service members who have at least 6 years but less than 10 years of service agree to an additional 4-year year service obligation from the TEB request date. However, Soldiers within this time frame in the Integrated Disability Evaluation System process are not permitted by U.S. Army retention policy to extend or reenlist for the additional 4-year service obligation. 5. The U.S. Army Human Resources Command's website shows a request for an ETP to extend or reenlist must be approved. a.  To initiate a request for an ETP, a Soldier must contact the servicing career counselor to request initiation of an ETP to extend or reenlist in order to meet the additional service obligation. The ETP request must be approved and the Soldier must extend or reenlist for the additional 4-year service obligation prior to the PEB finding the Soldier is physically unfit on a DA Form 199, block 9 (Soldier's Election). The career counselor must process the request for an ETP to the Enlisted Professional Development Branch (policy proponent for Retention and the Post-9/11 GI Bill) of the Department of the Army G-1, Directorate of Military Personnel Management, Enlisted Career Systems Division. b.  Upon approval of an ETP, the career counselor will assist the Soldier in extending or reenlisting and submitting the TEB request. All of this must be done prior to the PEB finding the Soldier is physically unfit on DA Form 199, block 9. DISCUSSION: 1. His records are void of and he failed to provide evidence showing he contacted his career counselor or attempts were made by his career counselor to process a request for an ETP prior to the PEB finding him unfit and permanently retiring him due to physical disability. 2. The applicant was serving on active duty when the TEB program was implemented in August 2009 and he continued serving for over 4 years after the program was implemented. He was eligible for the TEB provision of the Post-9/11 GI Bill on 23 March 2012 at the 6-year point in his service. He had ample time to submit his application and/or to verify that his application was properly submitted and accepted prior to placement on the TDRL. He failed to exercise due diligence. There is neither an error nor an injustice in the applicant's transfer of benefits process. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012825 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2