ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  5 December 2019

	DOCKET NUMBER:  AR20170002741


APPLICANT REQUESTS: in effect, a correction or amendment of his records to allow 
the transfer of education benefits (TEB) under Post 9/11 GI Bill to his eligible 
dependents.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	NGB Form 22 (National Guard Report of Separation and Record of Service), 
period ending 31 December 2016

FACTS:

1.  The applicant states, in effect:

	a.  The Education Office for the Iowa National Guard recently informed him that he 
had not properly transferred his education benefits to his dependents.  He states he was 
led to believe he had transferred them correctly when required to choose from all
entitled education benefits to only one.  The applicant states he chose Post 9/11 
education benefits and indicated that he wished to transfer benefits to his children.  He 
adds, only upon beginning his retirement paperwork was he told that he had not 
transferred his benefits and was informed of a need to go to the Department of Defense 
(DoD online database (MilConnect) to make the transfer.

	b.  The applicant states, upon learning the correct TEB process, he was then also 
told that he needed to have 4 years of commitment to remain in service to be eligible to 
transfer education benefits TEB to his dependents.  He states now that he was at end of 
a successful 31 year military career and at the time of his retirement, he was told that 
his young dependents would not be eligible for benefits, which he had been awarded to
receive and was told he eligible to pass on to them for honorable service of
multiple deployments after “9/11.”

	c.  He states, after each deployment end brief, he recalls signing forms and paper to 
choose between at first Chapter 1606 (Montgomery GI Bill, Selected Reserve), or 
Chapter 1607 (Reserve Educational Assistance Program (REAP)) and then
upon qualifying for Post 9/11 GI Bill (Chapter 33).  Upon being eligible, the applicant 
states he always marked for enrollment in Post 9/11 and additionally noted that he 
wanted to TEB to his dependents.  He states, at no time in the information briefing was 
it stated that as a recipient of these benefits he would have to go online to a website 
and make application to transfer benefits or initiate the transfer.  He adds it was 
explained that the transfer of all of his unused Post 9/11 education benefits was allowed 
to be transferred to all Defense Enrollment Eligibility Reporting System (DEERS) eligible 
dependents.  It was explained to him that he met all the criteria to transfer to his 
dependents.

	d.  The applicant shares he was deployed for more than 36 months, served for at 
least 10 years, and became eligible for retirement by completing 20 qualifying years 
prior to August 2009.  He states he also completed an additional 11 years of service 
and has met all of the requirements for his benefits and the ability to transfer to his 
dependents.  The applicant shares he did go online and saw his DEERS dependents 
were listed and showed that they were eligible for the transfer of benefits.

	e.  The applicant states it also showed in his Department of Veterans Affairs (VA) 
benefits that the educational benefit he was enrolled in at that time was for the
Post 9/11 GI Bill.  He states it was only as he reached his retirement date that he was 
informed that he had not transferred benefits and that my dependents were not eligible 
and during his multiple extensions beyond his 20 years of service, he needed to have 
had a 4 year commitment remaining to transfer the benefits.  He shares, he believed 
that because he had reached his retirement requirement and had deployed beyond the 
maximum required deployed service months that he was eligible to transfer his benefits 
at any time to my dependents.

	f.  He states, this denial will be a tremendous loss of several thousand dollars of 
earned benefits eligibility and split between his three children ages 17, 8, and 6.  The 
applicant states he believes the cause of the error was due to a lack of understanding of 
requirements for enrollment by personnel briefing Soldiers returning from deployment 
on rapidly changing education programs at a time when 3 different programs with 3 
different guidelines were being explained.  He states he also believes the guidelines 
regarding the programs were not understood fully by retention personnel at the time of 
his many extensions past his eligible retirement date.

	g.  Lastly, the applicant states he was enrolled in the Post 9/11 education program 
by completing a form processed by military staff either at time of a redeployment or 
extension or timeline that transfer needed to happen with no other action done to 
initiate.  He adds it was his understanding that the transfer of these same benefits 
occurred the same as the enrollment into the program itself.

3.  The applicant provides a copy of his NGB Form 22, period ending 
31 December 2016.



4.  A review of the applicant’s service record shows:

	a.  He enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 
14 May 1984.  He enlisted in the Regular Army for 2 years on 30 April 1985, then 
enlisted in the Iowa ARNG (IAARNG) on 29 April 1987.

	b.  He served through multiple extensions or reenlistments in a variety of stateside or 
overseas assignments, including Operation Enduring Freedom while in the IAARNG

	c.  Orders 291-149, dated 17 October 2016, issued by the Headquarters, Iowa Army 
National Guard, honorably discharged the applicant as he was not selected for further 
retention by a qualitative retention board.  He was transferred to the Retired Reserve 
effective 31 December 2016.

	d.  His NGB Form 22, period ending 31 December 2016, shows he served 30 years, 
2 months and 22 days of military service, with three deployments (from 
3 September 2002 to 23 August 2003, 4 March 2004 to 4 July 2005, and 18 July 2007 
to 30 September 2008).

4.  The Board requested and the National Guard Bureau (NGB) provided an advisory 
opinion on 8 October 2019 in the processing of this case.  The NGB official 
recommended approval of the applicant’s request to transfer Post 9/11 GI Bill education 
benefits.  The official stated:

	a.  The applicant, a former member of the Iowa National Guard (IAARNG), 
requested that his education benefits under the post 9/11 GI Bill (TEB) be transferred to 
his children prior to his retirement.  He claims the IAARNG education Office led him to 
believe that all of his benefits had been transferred when the Post 9/11 GI Bill
program was put into place.  However, that was not the case, as he later found out 
during his retirement phase out of the Army National Guard (ARNG).

	b.  The transfer of Post 9/11 GI Bill benefits to Dependents was established to 
promote retention.  Directive-Type Memorandum (DTM) 09-003, dated 22 June 2009, 
identifies specific service obligations required for individuals that choose to use TEB. 
Subparagraph 3.a.(3)(a) specifies that an individual who is retirement eligible on 
1 August 2009, would not incur a service obligation for TEB.  A memorandum in the 
Soldier's Army Military Human Resource Records, SUBJECT: Notification of Eligibility 
for Retired Pay at Age 60 with 20 Years of Service (dated 14 November 2007), shows 
the Soldier was eligible for retirement prior to 1 August 2009.

	c.  The Army National Guard, Department of Defense (DoD), and Department of 
Veterans Affairs (VA) initiated a massive public campaign plan that generated major 
communications through military, public, and social media venues on the Post 9/11 
GI Bill and subsequent transfer of education benefits. Although significant measures 
were taken to disseminate the information to all Soldiers during the initial phase of the 
program, many Soldiers were not fully aware of the requirement to transfer prior to 
leaving military service.  Based on the applicant’s status at the time of inception of the 
TEB program, (deployment, demobilization, leave/reintegration, medical evaluation 
board (MEB)) and the slow dissemination of information, it is reasonable that the Soldier 
did not receive the necessary information prior to his retirement date.

	d.  The IAARNG did a review of the applicant’s claim and could not find within their
records any documents that could substantiate the claim that he requested his TEB to 
be transferred to his children prior to his retirement.  The applicant however continues to
assert that this request was made prior to his eligible retirement date and therefore his
request should be granted. Due to the applicant’s numerous years of military service
and honorable retirement from the United States Army National Guard, it is the belief of
this office and also of the Iowa Army National Guard that he should be able to transfer 
his benefits to his children.

4. This opinion was coordinated with the Army National Guard Incentives office.

5. The opinion of this office was coordinated and supported by the Iowa Army National
Guard.

6.  The applicant was provided with a copy of this advisory opinion to give him an 
opportunity to submit a rebuttal.  On 15 October 2019, the applicant submitted a 
concurrence with NGB’s advisory opinion.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
warranted.  Based upon the findings and recommendations within the NGB advisory, 
specifically the lack of insufficient dissemination of information to NGB Soldiers related 
to the TEB benefit, the Board concluded there was sufficient evidence of an error or 
injustice which would warrant allowing the applicant to retain the TEB benefit.

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 by showing the applicant filed 
an application and the Army approved the request to transfer his Post-9/11 GI Bill 
benefits to the applicant’s family member prior to retirement, provided all other program 
eligibility criteria are met.
	  
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.

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.  The Army, DoD, and the Department of 
Veterans Affairs (VA) initiated a public campaign plans that generated communications 
through military, public, and social media venues on the Post-9/11 GI Bill and 
subsequent transfer of education benefits.

	g.  A Soldier must have initially requested to transfer benefits on the 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.

	h.  Changes to the amount of months allocated to family members can be made at 
any time, to include once a Soldier leaves military service, provided the Soldier 
allocates at least 1 month of benefits prior to his or her separation.  If the Soldier 
allocates 0 months and subsequently leaves military service, he/she is not authorized to 
transfer unused benefits post service.  

2.  On 22 June 2009, the DOD established the criteria for eligibility and transfer of 
unused educational benefits to eligible family members.  An eligible individual is any 
member of the Armed Forces on or after 1 August 2009 who, at the time of the 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, 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.

3.  There is a provision on the MilConnect DOD TEB Web application that shows once a 
transfer request is submitted it continuously shows the status "Submitted" until the 
transfer is approved or rejected.  Once a request is approved, the status will be updated 
to "Request Approved" and the status date will be set to the date the Service 
Representative approved the request.  An approval form also become available once a 
TEB request is approved.  There is an option to print the approval form so a Soldier can 
maintain a copy of the approval for his or her personal records. 

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170002741

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