IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20160009845 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: 3 November 2016 DOCKET NUMBER: AR20160009845 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: 3 November 2016 DOCKET NUMBER: AR20160009845 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 his Post-9/11 GI Bill educational benefits to his dependents. 2. The applicant states he was deployed in 2009 with Task Force 14, Medical Field (TF 14 MED), Camp Cropper, Iraq, when the Transfer of Education (TEB) provision was implemented. a. He states he was informed that the TEB process and paperwork would be handled by the unit's career counselor. He met the TEB 10-year eligibility criteria and planned on a career in the U.S. Army, so he was not concerned with the additional 4-year service obligation. b. He completed the online form on two separate occasions and dispersed 25 percent (%) of his benefits to his children. He turned in the documents to the TF 14 MED career counselor. c. In 2015, he went online to realign his educational benefits to his oldest daughter; however, the TEB system indicated that he had never signed up to transfer his educational benefits. d. He states he believes the career counselor was incompetent in his duties and failed to complete the appropriate paperwork. He adds he has statements from two Soldiers who were with him when he completed the TEB application. 3. The applicant provides copies of two statements in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) on 12 November 1996. He was awarded military occupational specialty 68W (Health Care Specialist). 2. Through a series of reenlistments he has continued to serve in the RA. He was promoted to sergeant first class (SFC)/pay grade E-7 on 1 July 2007. 3. On 13 June 2009, he deployed on temporary change of station for a period not to exceed 365 days in support of Operation Iraqi Freedom. He was assigned to TF 14 MED with duty in Iraq with an estimated return date of 8 July 2010. 4. In support of his application the applicant provides the following documents. a. A memorandum for record, dated 20 May 2016, authored by SFC P__ S. B____, Senior Clinical Noncommissioned Officer (NCO). He attests that the applicant completed a Post-9/11 GI Bill TEB to his dependents in 2009 while assigned to TF 14 MED in Iraq. He states, "[The applicant] not only completed the online portion twice due to [Internet] connectivity issues, but additionally turned in the appropriate documentation to the career counselor in 2009." He also states, "During this time the career counselor assigned to the TF failed to complete multiple packets for retention programs and incentives. I, therefore, believe [the applicant] should not be held to an extended obligation of service past his 20 year retirement mark as the issue was outside of his control." b. A memorandum, dated 1 June 2016, authored by Lieutenant Colonel (LTC) M__ J. W____, Physical Therapist (PT), Doctor of Science, U.S. Army (Retired). He attests that the applicant completed a TEB for the Post-9/11 GI Bill TEB to his dependents in 2009 while assigned to TF 14 MED in Iraq. He states the applicant served as his PT NCO in Charge. He states, in August 2009, he and the applicant completed their TEBs at the same time from within the PT clinic. He adds that it was the applicant who informed him of the benefit and the process required to transfer benefits. LTC W___ also provides a "screen shot" of the milConnect TEB webpage showing his TEB request was approved on 16 August 2009. The TEB webpage also shows, in pertinent part: "Message from Your Service Component: Please monitor the status of your transfer request by checking back periodically in TEB on the milConnect website for a status update." 5. In the processing of his case, an advisory opinion was obtained from the Chief, Army Education Incentives, U.S. Army (USA) Human Resources Command (HRC), Fort Knox, KY. a. The advisory official recommends denial of the applicant's request to transfer his Post-9/11 GI Bill educational benefits to his dependents earlier than his current request date of 3 November 2015. b. The advisory official referenced Department of Defense (DoD), Directive-Type Memorandum (DTM) 09-003, Post-9/11 GI Bill, dated 22 June 2009, and U.S. Army Post-9/11 Policy Memorandum, dated 10 July 2009. He provided a summary of the criteria and requirements and noted that it is a Service Member's benefit; however, the TEB is an incentive requiring service calculated from the TEB request date. He added that all benefits must be transferred before the Service Member separates or retires. c. The advisory official commented regarding the applicant's statements and information from the USA HRC GI Bill Team. (1) The applicant had six (6) years to research TEB requirements and submit a TEB request via the TEB website, but failed to do so until 3 November 2015. (2) The applicant stated in his application that he "dispersed 25%" of his benefits to his children; however, benefits are only transferred in numbers of months, not percentages on the TEB website. Additionally, he indicated that he submitted TEB documentation to his career counselor. However, there is no documentation required for TEB; the TEB request is submitted online through the milConnect website. (3) If the applicant had submitted a TEB request in 2009, his request would have been disapproved due to insufficient retainability. Specifically, he did not have four (4) years remaining on his expiration term of service (ETS) in 2009; his ETS was 22 October 2012. The applicant could have made himself eligible for the required 4-year TEB service obligation by extending his 6-year enlistment contract of 23 October 2006; however, he did not do so. (4) The applicant reenlisted on 3 February 2011 for an indefinite period. He had four (4) years (or more) remaining on his ETS at the time and he could have submitted a TEB request at that time; however, he did not do so. (5) The applicant submitted a TEB request on 3 November 2015, which was approved with a TEB obligation end date of 2 November 2019. d. The advisory official notes the applicant provided no documentation showing he successfully submitted a TEB request through the TEB website in 2009. e. The advisory official concludes that a Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless they left the service during the implementation phase (i.e., the first 90 days) of the program, which began on 1 August 2009. 7. On 18 August 2016, the applicant was provided a copy of the advisory opinion to allow him the opportunity (30 days) to submit comments or a rebuttal. A response was not received from the applicant. REFERENCES: Public Law 110-252 (Supplemental Appropriations Act, 2008) provides the authority for members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 to transfer unused educational benefits to eligible family members. The Public Law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic educational assistance under this chapter to elect to transfer entitlement to unused educational benefits to one or more of the specified family members. a. An eligible individual is any member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, does not have an adverse action flag and has completed at least: (1) 6 years of service in the Armed Forces and enters into an agreement to serve at least 4 more years as a member of the Armed Forces; (2) 10 years of service in the Armed Forces on the date of election and cannot commit to 4 additional years due to a Retention Control Point (RCP) or Mandatory Retirement Date (MRD) must commit to serve for the maximum amount of time allowed by either RCP or MRD as of the date of request, regardless of the number of months transferred; or (3) the years of service as determined in Army regulations and established by the Secretary of the Army. b. An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement, as follows: (1) to the individual's spouse; (2) to one or more of the individual's children; or (3) to a combination of the individuals identified above. c. Provided the service member allocates at least 1 month of benefits to an eligible family member prior to separation, changes to the amount of months allocated to eligible family members can be made at any time, to include after leaving military service. DISCUSSION: 1. The applicant contends that his records should be corrected to show he elected to transfer his Post-9/11 GI Bill educational benefits to his dependents because he submitted his TEB paperwork to his unit's career counselor shortly after the program was implemented on 1 August 2009; however, the career counselor failed to process his TEB application. 2. The evidence of record shows the TEB application is submitted online via the milConnect website and that it has been available since implementation of the program on 1 August 2009. a. The applicant's contention that he submitted his online application on or about 16 August 2009 was carefully considered; however, it is not clear why he submitted the "documentation" to his career counselor. b. The evidence of record shows the applicant would have had to extend his ETS in 2009 to meet the 4-year service obligation in order for his TEB option to be approved. As such, he would have had to submit a request for extension of enlistment through his chain of command; presumably to the career counselor. However, there is no evidence of record that shows he did so. c. The evidence the applicant submits in support of his application indicates he and his (then) Officer in Charge (OIC) submitted their online TEB requests on 16 August 2009. The OIC provided a copy of a "screen shot" of his approved TEB request; however, the applicant did not. A message on the TEB webpage advised Service Members to monitor the status of their transfer request by checking back periodically in TEB on the milConnect website for a status update. d. The evidence of record shows the applicant reenlisted on 3 February 2011 for an indefinite period. He had sufficient service remaining on his ETS and he could have submitted a TEB request at that time; however, he did not do so. 3. The applicant's TEB request was approved on 3 November 2015 with 4-year service obligation and a TEB obligation end date of 2 November 2019. 4. The Chief, Army Education Incentives, USA HRC, recommends denial of the applicant's request to transfer his Post-9/11 GI Bill educational benefits to his dependents earlier than his current request date of 3 November 2015. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009845 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009845 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2