ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  8 August 2019

	DOCKET NUMBER:  AR20170000743


APPLICANT REQUESTS:  transfer of education benefits under the provisions of the 
Post 9/11 G.I. Bill.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he would like to transfer his Post 9/11 G.I. Bill benefits to his 
youngest daughter.  He further denies being offered the opportunity to transfer said 
benefits at the time of his retirement. 

3.  The applicant did not provide any additional supporting documents. 

4.  A review of the applicant’s military records reveals the following on: 

*	21 May 1981 – he enlisted in the Army
*	29 May 1983 – he was released from active duty
*	25 September 1985 – he enlisted in the Army 
*	1 August 1998 – he was released from active duty and transferred to the Army 
Reserve at the rank of Sergeant First Class (SFC) 
*	12 November 1998 (Order# C-01-900588) – he was released from the Army 
Reserve (Reinforcement) and reassigned to the Army Reserve at the rank of 2LT
*	12 November 1998 (Orders# 195-009) – he was commissioned as a Second 
Lieutenant (2LT) 
*	10 July 2000 – he was released from the Army Reserve and commissioned in the 
Oklahoma Army National Guard (ARNG) 
*	2 October 2002 (Order# 275-014) – he was promoted to the rank of First 
Lieutenant
*	21 October 2004 (Order# 300-023) – he was promoted to Captain (CPT)
*	29 October 2004 – he entered active duty 
*	25 September 2006 – he was released from active duty
*	30 September 2006 (Order# 276-016) – he was released from the ARNG
*	1 October 2006 – he entered active duty
*	19 December 2008 – his request for an unqualified resignation was approved 
*	30 September 2009 (Order# 111-0103) – he was retired from active duty at the 
rank of SFC

5.  On 24 June 2019 an advisory opinion was requested from the Army Human 
Resources Command (AHRC). 

6.  On 8 July 2019 HRC provided an advisory opinion wherein they recommended 
administrative relief of the applicant’s request to transfer his Post 9/11 G.I. Bill education 
benefits as he retired within 90 days of program implementation, and met other Transfer 
of Education Benefits requirements.  A copy of the complete advisory opinion has been 
provided to the Board for their review and consideration.

7.  On 15 July 2019, the applicant was provided with a copy of this advisory opinion to 
give him an opportunity to respond and/or submit a rebuttal by 17 August 2019.  As of 
the date of writing this record of proceedings, he did not respond.
8.  Public Law 110-252 establishes the legal limitations governing the transferability of 
unused Post 9/11 G.I. Bill benefits.  Section 3320 (Authority to transfer unused 
education benefits to family members)  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, have at least 90 days of qualifying 
Post 9/11 GI Bill service, six years in Active Duty or Selected Reserve status and no 
current negative action flag, commit to the service obligation, and transfer benefits to 
the dependents through the Transfer of Education Benefits (TEB) website, 
http://milconnect.dmdc.mil.  All benefits must be transferred before the Service Member 
separates or retires.

9.  DTM 09-003, dated 22 June 2009, identifies specific service obligations
required for individuals that choose to use TEB.  Subparagraph 3.b. specifies that 
"Soldiers with an approved retirement date on or after 1 September 2009, but on
or before 1 June 2010, no additional service requirement.”

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and an advisory opinion.  The Board considered the applicant’s 
statement, the date of his retirement from active duty and the recommendation of the 
HRC advising official.  The Board found that applicant retired within 90 days of the TEB 
program implementation and was fully eligible to transfer his education benefits.  In 
accordance with the advisory opinion and based on a preponderance of evidence, the 
Board determined that a correction was warranted to show he transferred his benefits 
prior to retirement. 

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	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	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:

-	that he made an election to transfer at least one month of educations benefits 
to each of his eligible dependents prior to his retirement on 30 September 
2009;
-	his election was processed and accepted by the appropriate authority, and;
-	he has the eligibility to further transfer benefits among his eligible 
dependents.



	  
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.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the Army Board for Correction of Military Records 
(ABCMR) to excuse an applicant's failure to timely file within the three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Public Law 110-252 establishes the legal limitations governing the transferability of 
unused Post 9/11 G.I. Bill benefits.  Section 3320 (Authority to transfer unused 
education benefits to family members)  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, have at least 90 days of qualifying 
Post 9/11 GI Bill service, six years in Active Duty or Selected Reserve status and no 
current negative action flag, commit to the service obligation, and transfer benefits to 
the dependents through the Transfer of Education Benefits (TEB) website, 
http://milconnect.dmdc.mil.  All benefits must be transferred before the Service Member 
separates or retires.

3.  DTM 09-003, dated 22 June 2009, identifies specific service obligations
required for individuals that choose to use TEB.  Subparagraph 3.b. specifies that 
"Soldiers with an approved retirement date on or after 1 September 2009, but on
or before 1 June 2010, no additional service requirement.”


ABCMR Record of Proceedings (cont)	 AR20170000743

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