ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  14 June 2019

	DOCKET NUMBER:  AR20170000163


APPLICANT REQUESTS: Correction of his record to show Post 9/11 GI Bill 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)
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 12 May 2010
* DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated 22 January 2010 and 31 July 2016
* DA Forms 2823 (Sworn Statement), dated between 9 – 20 October 2010

FACTS:

1.  The applicant states, during his demobilization in February 2010 at Fort McCoy, WI, from his second deployment (2009-2010) his career counselor/retention noncommissioned officer had a station set up to assist Soldiers in transferring their Post 9/11 GI Bill benefits to their dependent spouse/children.  At that time he transferred his benefits to his daughter in 2010.  The transfer does not show in MilConnect.  Several Soldiers demobilizing with him recall the station and setting up transfers at that time.  He has served 6 years and 6 months on active duty since he transferred his benefits to his daughter.

2.  A review of the applicant’s service records show the following on:

* 16 January 2001 – having served in the Regular Army, the applicant enlisted in the Wisconsin Army National Guard (WIARNG) and served through one reenlistment
* 19 January 2009 – Orders Number 017-552, issued by the Office of the Adjutant General, ordered the applicant to active duty in support of Operation Iraqi Freedom for a period of 400 days
* 12 May 2010 – DA Form 4836 shows the applicant extended his 28 June 2009 enlistment contract, changing his expiration term of service from 27 June 2010 to 27 June 2016, a period of 6 years
* 22 January 2010 – the applicant was honorably released from active duty in support of Operation Iraqi Freedom and transferred to his WIARNG unit
* 23 February 2010 – Orders Number 042-058, issued by the Office of the Adjutant General, ordered the applicant to active duty in the Active Guard/Reserve (AGR) from 23 February – 27 June 2010
* 26 May 2010 – Orders Number 117-041, issued by the Office of the Adjutant General, amended Orders number 042-058 insomuch as changing the applicant’s period of AGR duty from 23 February – 27 June 2010 to 23 February 2010 – 27 June 2016
* 31 July 2016 – the applicant was honorably retired, DD Form 214 shows he completed 6 years, 5 months, and 8 days of net active service for this period, 13 years, 7 months, and 10 days of prior active service, and 9 months and 22 days of prior inactive service

3.  The applicant provides three DA Forms 2823, one self-authored and two authored by his unit command sergeant major and immediate commander attesting to the applicant transferring Post 9/11 GI Bill benefits and reenlisting for 6 years to secure the benefit.

4.  On 7 February 2019, the National Guard Bureau (NGB) reviewed the applicant's records and rendered an advisory opinion in his case.  After a thorough review, the Chief, Special Actions Branch opined that, based on the applicant’s status at the time of TEB program inception (deployment, demobilization, leave/ reintegration, medical evaluation board) and the slow dissemination of information, it is reasonable that the applicant did not receive the necessary information prior to his transfer to the Retired Reserves on 23 June 2016.  Additionally, he completed the transfer of benefits during demobilization February 2010 and incurred a four year service obligation, which was completed.  Therefore, it is the belief of this office that the applicant should be granted transfer of benefits to his daughter.  A copy of the complete advisory opinion has been provided to the Board for their review and consideration.

5.  The applicant was provided a copy of the advisory, and he concurred with the NGB recommendation.

6.  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 must also agree to serve the prescribed additional service obligation based on the time in service the Soldier had on 1 August 2009.  

7.  On 22 June 2009, the Department of Defense 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.

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 statement, his extended service on active duty, his retirement and the conclusion of the advising official that he was in a period of transition during program inception, complete the required obligated service and was eligible to transfer the benefit to his dependents.  The Board majority agreed with the advisory opinion and determined to grant relief.

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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show:
- The applicant submitted his TEB request in March 2010 after receipt of his AGR orders, and;
- His request was accepted by the appropriate officials and his dependent daughter is eligible to receive transfer of his education benefits.

  


	 
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 must also agree to serve the prescribed additional service obligation based on the time in service the Soldier had on 1 August 2009.  

2.  On 22 June 2009, the Department of Defense 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)	 AR20170000163
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