IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150006207 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 reconsideration of his earlier request for correction of his records to show he elected transfer of his educational benefits to his spouse under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. 2. The applicant states: * his request for transfer of educational benefits to his wife was recently denied by the Army Board for Correction of Military Records (ABCMR) based on inaccurate information * the Board concluded that he only served 8 years in the military, which is inaccurate * he included all of his separation paperwork as proof that he served his country for at least 10 years, 4 months, and 9 days * he also served 1 year in the U.S. Army Reserve but was unable to locate that paperwork, thus he provided a copy of his Reenlistment Eligibility Data Display Report which he obtained from his U.S. Army Reserve recruiter as proof of his service in the Reserve Component * he fits all the criteria for transferring his benefits to his wife * he was not aware that he had to transfer his benefits while serving on active duty or he would have done so * he requests that the Board reconsider denial of his request * his wife is trying to better their family by going to school and it would be difficult to repay the student loans without a transfer of his earned educational benefits to her * he worked hard while serving his country and his wife was by his side every step of the way 3. The applicant provides: * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) * National Guard Bureau Form 22 (Report of Separation and Record of Service) * Reenlistment Eligibility Data Display Report CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20140010634 on 26 February 2015. 2. After a prior period of honorable active duty service in the U.S. Marine Corps from 20 September 1993 through 23 June 1997, the applicant enlisted in the Arkansas Army National Guard on 5 September 1997. He was discharged under honorable conditions (general) due to unsatisfactory participation on 5 July 2000. 3. He enlisted in the U.S. Army Reserve on 24 June 2000 and he was honorably discharged on 1 May 2001. 4. On 15 August 2006, he enlisted in the Regular Army and was discharged on 13 November 2009. He was further discharged from the U.S. Army Reserve effective 24 November 2009. 5. He again enlisted in the U.S. Army Reserve on 8 September 2010 and was discharged on 7 September 2011. Discharge orders for this period are not in his available records, thus it is unclear why or under what authority he was discharged. He currently has no service affiliation. 6. There is no evidence of record he transferred his Post-9/11 GI Bill benefits to his wife while serving on active duty or as a member of the Selected Reserve. 7. Public Law 110-252 limits the 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. a. A Soldier must be currently serving on active duty or as a member of the Selected Reserve at the time of transfer of educational benefits to his or her dependent on or after 1 August 2009. b. A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer to eligible children. c. A Soldier may only transfer to eligible family members. To be considered an eligible family member, the spouse or child must be enrolled in the Dependent Eligibility Enrollment Reporting System (DEERS) and be eligible for DEERS benefits. Children lose eligible family member status upon turning age 21 or at marriage. Eligible family member status can be extended from age 21 to age 23 only if the child is enrolled as a full-time student and unmarried (verified by DEERS). Wards of State are not eligible for the benefits. Once the benefits are transferred, children may use the benefits up to age 26. d. A Soldier must also agree to serve the prescribed additional service obligation based on the time the Soldier had in service on 1 August 2009. e. A Soldier must have no adverse action flag and have an honorable discharge to transfer the benefits. f. A Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless he or she left the service during the implementation phase (first 90 days) of the program. The Army, Department of Defense (DOD), and the Department of Veterans Affairs (VA) initiated a public campaign plan that generated communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent transfer of educational benefits. g. A Soldier must initially request to transfer benefits on the DOD TEB online database. The TEB online database was operational effective 29 June 2009. Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for VA access. The respective dependent must then submit an application for VA educational benefits (VA Form 22-1990e) to request to use the benefits. h. Changes to the amount of months allocated to family members can be made at any time, to include once a member leaves military service, provided the service member allocates at least 1 month of benefits prior to separation. If the service member allocates 0 months and subsequently leaves military service, he or she is not authorized to transfer unused benefits. i. The VA is restricted to pay for education benefits by compensating no more than 1 retroactive year from the date a claim is received by the VA. 7. 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 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 for the maximum amount of time allowed by such policy or statute; or c. 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 Component service. 8. 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 and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316. 9. Title 38, U.S. Code, section 3319, prohibits service members who are no longer serving on active duty from transferring educational benefits. The legislation specifically states "an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed." 10. 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, 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). DISCUSSION AND CONCLUSIONS: 1. The applicant's request for reconsideration of his earlier request for correction of his records to show he elected transfer of his educational benefits to his spouse under the Post-9/11 GI Bill TEB provision was carefully considered. 2. A Soldier must be currently serving on active duty or as a member of the Selected Reserve at the time of transfer of educational benefits to his or her dependent on or after 1 August 2009. 3. While it appears the applicant had the necessary years of service in the Armed Forces to be eligible to transfer his educational benefits to his spouse, he did not reenlist to fulfill the required additional 4-year service commitment and did not request nor was he approved to transfer his educational benefits to his wife while he was serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. 4. A lack of awareness of the law, program rules, or procedures is not normally evidence of inequity or injustice unless the individual left the service during the implementation phase of the program, generally accepted as the first 90 days. The Army, DOD, and the VA initiated a public campaign plan that generated communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent TEB. The requirements of this program are set in law and any changes to the law are not within the purview of this Board. 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20140010634, dated 26 February 2015. _______ _ 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) AR20150006207 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006207 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1