IN THE CASE OF: BOARD DATE: : 24 March 2016 DOCKET NUMBER: AR20150018115 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: : 24 March 2016 DOCKET NUMBER: AR20150018115 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: : 24 March 2016 DOCKET NUMBER: AR20150018115 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 transfer of her educational benefits to her spouse under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. 2. The applicant states: a. She recently got married and changed her name. She is being denied the option to transfer her Post 9/11 educational benefits to her spouse. She is eligible to do so because she "has at least 10 years of service in the Armed Forces on the date of approval, 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." b. The notification she received stated her mandatory removal date (MRD) was being revised and she would be able to retire with 20 active Federal service years. Due to an Army policy, she is not going to be able to serve an additional 4 years and was given an MRD of 1 November 2016. She was attaching her notification of Selective Early Retirement Board (SERB), her computation of service, and the policies. She is struggling to understand why the Army that she sacrificed for and served for over 31 years is denying her eligibility to transfer her education benefits. c. The representative at the U.S. Army Human Resources Command (HRC) said it was a "force shaping action" so she was not eligible. It just sounds like an excuse to deny her Department of Veterans Affairs (VA) benefits. This is a policy the Army made; they have revised her MRD and directed her to retire. She is retiring honorably and is being treated as a normal retiree except for this. She should be able to transfer her education benefits to her spouse if she chooses to do so. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Having had prior enlisted service, the applicant was appointed a second lieutenant Reserve officer on 16 October 1987. She is currently serving on active duty as a member of the U.S. Army Reserve and attained the rank/grade of lieutenant colonel (LTC)/O-5 on 1 December 2004. 2. Her record contains a DD Form 93 (Record of Emergency Data), dated 16 June 2014, wherein it shows she was divorced at the time and had no dependents. 3. The specific date of her remarriage is not known; however, her record contains a DD Form 93, dated 10 November 2015, wherein it shows she was married at the time and had no other dependents. 4. In the processing of this case an advisory opinion, dated 8 February 2016, was received from the Chief, Finance and Incentives Branch, HRC. The advisory official recommended disapproval of the applicant's request and stated: a. Public Law 110-552 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits. The applicant should not be granted relief because she did not request to transfer her education benefits before she was selected [for early retirement] by the Fiscal Year 2013 (FY13) SERB on 7 January 2014. b. To transfer Post 9/11 GI Bill education benefits to dependents, an individual must be serving on active duty or as a member of the Selected Reserve on or after 1 August 2009, have at least 6 years of eligible service, have no current negative flag, commit to the service obligation, and transfer the benefits to the dependent through the TEB website. All benefits must be transferred before the member separates or retires. c. Soldiers considered for early separation such as the SERB must request TEB and have an approved TEB before the separations board’s selection release date. Officers considered for the FY13 SERB were advised of GI Bill actions in Military Personnel (MILPER) Message 13-089, paragraph 6. If the applicant had requested TEB before the FY13 SERB release date, she would have incurred a 4-year TEB service obligation or her MRD (whichever was earlier) which their office would later have adjusted to her SERB release date showing a fulfillment of the TEB service obligation. The FY13 SERB release date was 7 January 2014. The applicant requested transfer of her education benefits on 31 August 2015 and 3 September 2015 and their office rejected her TEB requests on 1 and 3 September 2015. She contacted their office on 3 September 2015 and the TEB policy and rationale for the TEB rejection was discussed. d. Available to the applicant during the 5 years before her SERB selection were the Defense Directive Type Memorandum (DTO) 09-003, dated 22 June 2009; the U.S. Army Post 9/11 GI Bill Memorandum, dated 10 July 2009; and counseling opportunities at the various Army installation education centers. Information provided before and after the release of the implementation instructions was highly publicized. 5. On 9 February 2016, the applicant was provided a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal; no response was received. REFERENCES: 1. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy states an eligible member 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 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. d. has eligible family members enrolled in the Defense Eligibility Enrollment Reporting System (DEERS). e. initially requests the transfer through the DOD TEB online database. This database was operational on 29 June 2009. Once approved in the TEB database, the information is automatically relayed to the VA. 2. 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: It is a requirement to transfer education benefits under TEB prior to being selected by an early separation board for early separation/retirement. The evidence of record shows the applicant did not have any eligible family members to transfer her educational benefits to prior to the release date of the FY13 SERB and remarried after she had been selected for mandatory early retirement. As a result, her subsequent request to transfer her education benefits to her spouse was properly denied. There is no evidence of error or injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018115 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018115 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2