IN THE CASE OF: BOARD DATE: 30 January 2018 DOCKET NUMBER: AR20160000314 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: 30 January 2018 DOCKET NUMBER: AR20160000314 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: 30 January 2018 DOCKET NUMBER: AR20160000314 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 correction of his records to show he elected to transfer educational benefits to his dependent under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill prior to his retirement. 2. The applicant states: a.  He was told he could transfer his educational benefits to his wife after his discharge. He attempted to transfer benefits and discovered he was given incorrect information. b.  He is unable to work or return to school due to not being able to work. He wants to have his educational benefits transferred to his wife so the benefits are not wasted. 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 service in the Oklahoma Army National Guard, the applicant enlisted in the Regular Army on 30 October 2008 for a period of 3 years and 2 weeks. He was married prior to his enlistment in the Regular Army. 2. He reenlisted: * on 10 February 2010 for a period of 3 years * on 6 March 2012 for a period of 3 years * on 1 October 2013 for a period of 5 years 3. On 14 April 2015, an informal physical evaluation board (PEB) found him physically unfit for duty and recommended a disability rating of 50 percent and permanent disability retirement. 4. On 21 April 2015, he concurred with the PEB findings and recommendations, waived a formal hearing of his case, and waived reconsideration of his case. 5. On 27 April 2015, his PEB findings and recommendations were approved. 6. On 29 June 2015, he retired by reason of permanent disability (enhanced). 7. On 8 March 2017, the Chief, Army Education Incentives Branch provided an advisory opinion wherein he recommended disapproval of the applicant's request. He stated: a.  The Post-9/11 GI Bill is a benefit for the Soldier as a reward for service during a time of conflict. The option to transfer educational benefits to a dependent is considered an incentive, not a benefit. The transfer 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 from the TEB request date in most cases. b.  The TEB incentive does not require a formal one-on-one counseling, group counseling, or a reduction in pay to make oneself eligible. A Soldier acquires TEB eligibility as stated above and makes dependents eligible by awarding at least 1 month to the dependent via the TEB website and fulfilling the TEB service obligation. c.  On 13 February 2014, the applicant was eligible for TEB at his 6-year point in service. Since he has an expiration of term of service date of 30 September 2018, he did not need to extend or reenlist to commit to the 4-year TEB service obligation as long as he applied for TEB before 30 September 2014. If the applicant applied for TEB after 30 September 2014, he would have needed to extend or reenlist to commit to the 4-year TEB service obligation. d.  On 8 January 2015, the applicant was enrolled in the medical disability process through the Integrated Disability Evaluation System (IDES). Because he had 6 to less than 10 years of service and he was in the IDES process, any TEB request on or after this date would require approval of an exception to policy (ETP) through his unit to the Department of the Army G-1 Enlisted Professional Development Branch to allow him to extend or reenlist to commit to the 4-year TEB service obligation. e.  The TEB website shows he did not request TEB. f.  On 21 April 2015, an informal PEB convened, found him unfit for duty, and formally counseled him about being found unfit for duty. 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 he could have requested TEB at that time. g.  On 29 June 2015, the applicant retired due to medical disability and he was added to the Permanent Disability Retired List effective 30 June 2015. 8. On 20 March 2017, a copy of the advisory opinion was sent to the applicant for review and for an opportunity to provide a response. He did not respond. REFERENCES: 1. Department of Defense 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 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. Department of Defense 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 must agree to an additional 4-year year service obligation from the TEB request date. However, Soldiers within this time frame in the IDES process are not permitted by U.S. Army retention policy to extend or reenlist for the additional 4-year service obligation. 5. The HRC 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 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 and recorded in block 9 (Soldier's Election) of the DA Form 199 (Informal PEB Proceedings). The career counselor must process the request for an ETP to the Enlisted Professional Development Branch (the policy proponent for retention and the Post-9/11 GI Bill) of the Enlisted Career Systems Division, Directorate of Military Personnel Management, Department of the Army Office of the Deputy Chief of Staff, G-1. 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 and recording the finding in a DA Form 199. DISCUSSION: 1. The applicant was serving on active duty when the TEB provision was implemented in August 2009 and he continued serving for over 4 years after the program was implemented. He was eligible for the TEB provisions of the Post-9/11 GI Bill in 2014 at the 6-year point in his service and he did not have to extend or reenlist because he had an ETS of 30 September 2018 which made him eligible to request TEB. However, he did not submit a TEB request. 2. On 14 April 2015, an informal PEB found him unfit for duty. 3. The Post-9/11 GI Bill is a benefit for the Soldier as a reward for service during a time of conflict. The option to transfer educational benefits to a dependent is considered an incentive, not a benefit. The transfer 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 from the TEB request date in most cases. 4. He had ample time to submit his application and/or to verify that his application was properly submitted and accepted prior to being found unfit by the PEB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000314 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000314 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2