ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  14 June 2019

	DOCKET NUMBER:  AR20160019095


APPLICANT REQUESTS: Transfer of Education Benefits (TEB) to his dependent 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant states he is requesting to transfer his Post 9/11 GI Bill benefits to his two daughters.  He reenlisted for an additional six years; however, no one informed him the reenlistment had to take place within 70 days of his TEB request.  He was unaware of any errors until his daughter tried to apply for educational assistance and was informed she needed a Department of Defense transfer letter.  

2.  A review of the applicant’s records shows on: 

* 22 February 1994 – enlisted in Iowa Army National Guard (IAARNG)
* 11 April 2002 – discharged from IAARNG 
* 12 April 2002 to 7 December 2006 – enlisted in the Air National Guard 
* 8 December 2006 –  enlisted in the IAARNG 
* 24 March 2014 – received 20 year retired pay letter 
* 8 June 2015 – retired with 21 years, 3 months and 17 days of creditable service for retired pay

3.  On 1 May 2019 Army Review Board (ARBA) received an advisory opinion from the National Guard Bureau Special Branch Chief.  The advisory shows:

* applicant requests approval of his TEB but failed to extend within 70 days of his request and his request was terminated
* National Guard Bureau Special Branch Chief recommends approval of the applicant’s request 
* applicant states he was aware he needed to extend for four year service obligation but was unaware the initial request was terminated 
* on 17 November 2014, the applicant submitted his TEB request, request terminated because it was not completed within 70 days on 26 January 2015
* the applicant acted in good faith and met all requirements necessary to transfer his Post 9/11 GI Bill to his dependents 
* the National Guard Bureau Education services team concurred with the recommendation 

4.  The applicant was provided a copy of the advisory, but he did not provide a response. 

5.  Public law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits.  Further, public law 110-252, section 3020 limits 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.  A Soldier must be on active duty or 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.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the advisory opinion.  The Board discussed the applicant’s service record, his statement regarding the timing of his extension, his subsequent reenlistment and the conclusion of the advising official.  The Board majority determined that the applicant extended on good faith and would have completed the necessary extension in a timely manner had he been aware of the suspense to be able to transfer his education benefits; one Board member did not agree.

2.  After reviewing the application and all supporting documents, the Board found that relief was warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:X	DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show:
- he completed his extension of required obligated service within 70 days of his 17 November 2014 TEB request, and;
- his TEB request was accepted by appropriate officials making his dependents eligible to receive the transfer. 
 


	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  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 a member of the Selected Reserve.
	a.  A Soldier must be on active duty or 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).  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 in service the Soldier had 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 which is the first 90 days of the program.  
      g.  A Soldier must have initially requested to transfer benefits on the Department of Defense (DOD) TEB online database.  The TEB online database was operational 29 June 2009.  Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed electronically to the VA for their access.  The respective dependent must then submit an application for VA educational benefits, VA Form 22-1990e, to request to use the benefits.  

2.  On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education benefits to eligible family members.  The policy states 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, and on or after 1 August 2009, is eligible for the Post-9/11 GI Bill and, in pertinent part, 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 service or 20 qualifying years of Reserve service.



ABCMR Record of Proceedings (cont)	 AR20160019095
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