IN THE CASE OF: BOARD DATE: 24 January 203 DOCKET NUMBER: AR202000952 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: . 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: . The applicant requests approval to transfer 2 months of his educational benefits to his dependent son under the Transfer of Educational Benefits (TEB) provision of the Post-9/ GI Bill. 2. The applicant states he was deployed in support of Operation Enduring Freedom (OEF) from 30 August 2009 to 5  200, leaving only  and /2 months until his mandatory retirement on 8 January 20. He did not have access to the Defense Enrollment Eligibility Reporting System (DEERS) or the Department of Defense (DOD) website to correct his dependent listing. Due to a glitch in the system, he was not afforded the opportunity for corrections until he returned to the United States. His understanding was that as he is a Vietnam and OEF veteran, he can combine his education bills for a total of 48 months. He used approximately 36 months of his Vietnam-era education benefits, leaving him with 2 months of benefits. He wants to transfer his benefits to his son AM, date of birth (DOB) 27  . His son was 2 years of age as of 3 August 2009. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: . The applicant was born on . Having had prior active service, the applicant's records show he enlisted in the U.S. Army Reserve (USAR) on  July 973. He served in staff and leadership positions and he attained the rank/grade of sergeant first class (SFC)/E-7 on  June 999. 2. His records contain a DD Form 93, dated 8 July 2009, wherein it shows the applicant was married and had four children. This form confirms his youngest son, AM, was born on 27  . Therefore, this son would have turned 2 years of age on 27  2008. 3. The applicant was ordered to active duty as a member of his USAR unit in support of OEF and he entered active duty on 22 September 2009. He served in Afghanistan from 2 November 2009 to 4 September 200. 4. He was honorably released from active duty on 5  200. 5. Orders P04-943794, dated 3 April 20, issued by the U.S. Army Human Resources Command (HRC), retired him from the USAR and placed him on the Retired List effective 9 January 20. 6. In the processing of this case, an advisory opinion, dated 26 July 202, was received from the Chief, Educational Incentives Branch, HRC. The advisory official recommended disapproval of the applicant's request and stated that Public Law 0-552 establishes legal limitations on the transferability of unused Post-9/ GI Bill benefits and limits eligibility to members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or after  August 2009. a. A Soldier may only transfer benefits to eligible family members. To be considered an eligible family member the spouse or child must be enrolled in the DEERS and be eligible for DEERS benefits. Children lose eligible family member status upon turning age 2 or at marriage. Eligible family member status can be extended from age 2 to age 23 only if the child is enrolled as a full-time student and unmarried (verified by DEERS). (Emphasis added) Once the benefits are transferred, children may use the benefits up to age 26. b. The TEB online database shows the applicant had one eligible family member enrolled in DEERS, his spouse. He was eligible to transfer benefits only to his spouse. However, he did not complete the TEB online data base because he claims he was not aware of the requirement to transfer prior to leaving the service. c. A Soldier should not be granted relief based on unawareness of law, program rules, or procedures unless they left the service during the implementation phase (first 90 days) of the program. The Army, DOD, and the Department of Veterans Affairs (VA) initiated a massive public campaign plan that generated major communications through military, public, and social media venues on the Post-9/ GI Bill and subsequent transfer of educational benefits. The applicant's last day in service was 8 January 20, which was not within 90 days after the program's implementation. d. A Soldier must initially request the transfer through the DOD TEB online database. The TEB database was operational on 29 June 2009. Once approved in the TEB database, the information is automatically relayed to the VA. The respective dependent must then submit the application for VA educational benefits. The applicant did not take any steps to transfer education benefits. 7. In a response to the advisory opinion received on 7 September 202, the applicant stated: a. When the TEB online database became operational on 29 June 2009, his unit was already in activation status and he was engaged in non-deskbound training, remote from access to the TEB system. In addition, his unit fulfilled the OEF mission on 5  200, leaving him less than 2 months before his involuntary, mandatory retirement on 8 January 20 at age 60. b. The advisory opinion states "Children lose eligible family member status upon turning age 2…Eligible family member status can be extended from age 2 to age 23…" He is not declaring ignorance of the requirements, he is contending he could not tabulate his son for eligibility because his name defaulted out of DEERS at age 2. 8. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states any member of the Armed Forces on or after  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/ GI Bill and meets other criteria. 9. Public Law 0-252, section 3020, limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or after  August 2009. A Soldier must be on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his/her dependent. DISCUSSION AND CONCLUSIONS: . The applicant contends he should be allowed to transfer 2 months of his Post-9/ GI Bill educational benefits to his dependent son because he did not have access to update DEERS once his son turned 2 years of age. 2. The evidence of record shows the applicant was transferred to the Retired List on 9 January 20. His records show he was eligible to transfer any unused education benefits to only one dependent, his spouse; however, he did not do so while he was serving on active duty or in the USAR. 3. Notwithstanding his sincerity, although he was deployed to Afghanistan from 2 November 2009 to 4 September 200 and may not have had direct access to the online database, there is no evidence that shows he attempted to transfer any of his education benefits prior to his deployment, after his return in September 200, or anytime up to his last day of service in the Selected Reserve on 8 January 20. The applicant stated he was aware of the requirements to do so. 4. In addition, although eligible family member status can be extended from age 2 to age 23, it is extended only if the child is enrolled as a full-time student and unmarried (verified by DEERS). There is no evidence, and the applicant did not provide any evidence, that shows his youngest son was a full-time student and unmarried after reaching age 2, or that he attempted to add him to DEERS after age 2, which occurred in 2008, about 6 months before his unit entered activation status. 5. The requirement to transfer the benefits to an eligible dependent while a member is on active duty or in the Selected Reserve is embedded in the law and a change to this law is not within the purview of this Board. As his youngest son was not an eligible dependent, and the applicant failed to transfer the benefits to his only eligible dependent, his spouse, while in an active status, as required by law, there is an insufficient evidentiary basis for granting his 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) AR2020009844 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR202000952 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS