BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160004686 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 BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160004686 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 to amend the decision of the ABCMR set forth in Docket Number AR20140014094, dated 17 March 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. BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160004686 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 an earlier request to correct 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: a. The Board decision states that at the time of his release from the Army National Guard (ARNG) on 31 July 2009 he was eligible to transfer his unused educational benefits to any eligible family member enrolled in Defense Enrollment Eligibility Reporting System, which his daughter was. b. The Board decision states the enrollment period of the transfer of educational benefits opened on 29 June 2009 when the Department of Defense (DOD) TEB database became operational. c. The decision states an individual can be granted relief in exception to unawareness of the law, program rules, or procedures if he or she left the service during the implementation phase (first 90 days) of the program. The first 90 days of implementation of the program, based on the operational date of the DOD TEB database, would extend from 29 June 2009 to approximately 29 September 2009. He left the service, involuntarily, during the first 90 days of the implementation phase of the program. He separated from service and had no contact with or correspondence from any branch of service for the first full year after his involuntary separation. d. Because he was removed from the service within the first 90 days of this program, he requests to transfer his remaining 9 months of Post-9/11 GI Bill benefits to his qualified dependent daughter. 3. The applicant provides no additional evidence. 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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140014094 on 17 March 2015. 2. The applicant's contentions are new evidence that was not considered previously by the Board and warrant consideration at this time. 3. The applicant was born on 2 October 1969. 4. Having prior enlisted service in the ARNG, the applicant was appointed as a second lieutenant in the ARNG on 7 December 1995. He was promoted to major effective 4 August 2007. 5. On 31 July 2009, he was honorably discharged from the ARNG and transferred to the U.S. Army Reserve (Reinforcement) after completing 21 years and 6 months of total service for retired pay purposes. 6. On 18 May 2012, he was assigned to the U.S. Army Reserve Retired Reserve by reason of non-participation. 7. There is no evidence showing he elected to transfer his Post-9/11 GI Bill benefits to his dependents prior to his discharge from the ARNG. 8. On 17 March 2015, the ABCMR denied the applicant's request. 9. He will reach age 60 on 2 October 2029. He will then be eligible for retired pay upon application and transfer to the Retired List if he has 20 years of qualifying service. REFERENCES: 1. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states an eligible individual is any member of the Armed Forces on or after 1 August 2009 who, at the time of 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. 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. 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. 3. DOD, the Army, and the Department of Veterans Affairs 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 to dependents. DISCUSSION: The applicant's contentions were carefully considered. However, the law requires a member to be serving on active duty or as an active member of the Selected Reserve on or after 1 August 2009 at the time he or she requests the transfer. The applicant was neither serving on active duty nor in the Selected Reserve at the time this program was implemented. He is not eligible to transfer his educational benefits to his dependents under the TEB provision of the Post-9/11 GI Bill. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004686 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004686 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2