IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20150012303 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: 26 July 2016 DOCKET NUMBER: AR20150012303 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: 26 July 2016 DOCKET NUMBER: AR20150012303 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 approval of an exception to policy to transfer educational benefits to his daughter under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. 2. The applicant states: * he thought he transferred his Post-9/11 GI Bill benefits to his spouse and child at the education center in 2009 upon his return from Iraq * his spouse found out she was denied the benefit because he did not go online and enroll through the milConnect website * he was never told he had to enroll through the milConnect website 3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). CONSIDERATION OF EVIDENCE: 1. The applicant was commissioned as a Reserve officer of the Army on 18 January 1995 with concurrent orders to active duty. He was subsequently commissioned in the Regular Army. 2. On 9 October 2013, he submitted a request for voluntary retirement effective 30 September 2014. 3. On 22 October 2013, his retirement request was approved. 4. He retired on 30 September 2014 and he was placed on the Retired List on 1 October 2014. 5. On 25 April 2016, the Chief, Finance and Incentives Team, U.S. Army Human Resources Command, provided an advisory opinion in which he recommends disapproval of the applicant's request. He stated: a.  Public Law 110-252, section 3020, 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 on or after 1 August 2009, have at least 6 years in an active duty or Selected Reserve status and no current negative action flag, commit to the service obligation, and transfer benefits to the dependents through the TEB website: http://milconnect.dmdc.mil. All benefits must be transferred before the service member separates or retires. b.  On 18 July 2014, the applicant received a suspension of favorable action flag, "investigation initiated by the U.S. Army Cadet Command," with no expiration date as confirmed through an Electronic Military Personnel Office (eMILPO) audit. Due to the suspension of favorable action flag, any TEB request on or after 18 July 2014 would have been rejected. c.  The applicant's last day on active duty was 30 September 2014 and he did not meet the Department of the Army requirement for TEB approval. d.  The TEB website shows the applicant did not submit a TEB request while serving on active duty. e.  The documentation provided by the applicant with his application to the Army Board for Correction of Military Records does not show a TEB request. f.  The applicant had 5 years to learn about TEB and submit a TEB request before his retirement date of 30 September 2014. 6. On 25 April 2016, a copy of the advisory opinion was sent to the applicant for review and an opportunity to respond. He did not respond within the suspense date. REFERENCES: 1. 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 an additional 4 years (e.g., Temporary Early Retirement Authority). 2. All service members requesting transfer of Post-9/11 GI Bill benefits must make the request through the TEB website, accessible through the Defense Manpower Data Center at: 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. a.  All persons age 18 or older who have an affiliation with the Department of Defense (DOD) can use milConnect to view and/or manage their contact information, DOD correspondence, and benefits as recorded in the Defense Enrollment Eligibility Reporting System. b.  To use milConnect, an individual must sign in with a DOD Self-Service Logon, Common Access Card, or Defense Finance and Accounting Service personal identification number. DISCUSSION: 1. The Chief, Finance and Incentives Team, states the applicant received a suspension of favorable action flag on 18 July 2014 with no expiration date as confirmed through an eMILPO audit. As a result, any TEB request on or after 18 July 2014 would have been rejected. 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. 3. Although he states he thought he transferred his Post-9/11 GI Bill TEB to his spouse and child in 2009, there is no evidence indicating that he followed the established procedure by submitting an application through the Defense Manpower Data Center web application while he was still serving in an active status. Further, there is no evidence he committed to an additional 4-year service obligation. 4. In the absence of evidence indicating he was unfairly deprived of the opportunity to transfer his educational benefits prior to his retirement, there is an insufficient basis upon which to grant the requested relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012303 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012303 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2