IN THE CASE OF: BOARD DATE: 16 July 2019 DOCKET NUMBER: AR20170002962 APPLICANT REQUESTS: Post 9/11 GI Bill Transfer of Education Benefits (TEB) eligibility. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant states he initiated his transfer of educational benefits (TEB) via milConnect on 21 December 2016 for his spouse, but was rejected because he could not commit to the required additional service time. His Medical Evaluation Board (MEB) process started September 2016. He was under the impression the TEB paperwork was submitted through his unit in October 2016. His Battalion Commander’s signature was required, but repeated request for assistance from his Platoon Sergeant were not successful. Each time he was told “NO” and to wait until his terminal leave started on 6 January 2017. He never received any further communication. After signing the DA Form 199 (Informal Physical Evaluation Board Proceedings) on 31 October 2016, he was under the impression the TEB application was complete. Unfortunately, his unit’s lack of communication and timeliness for necessary actions caused him to request an Exception to Policy. He was not allowed to complete the TEB for his spouse. 2. The applicant's service records contain the following documents for the Board's consideration: a. A DD Form 4 (Enlistment/Reenlistment Document), dated 16 July 2010, shows the applicant enlisted in the Army Reserve for 8 years and 0 weeks in the rank of Private (PV2)/E-2 of which 3 years and 26 weeks will be considered an Active Duty Obligation. b. Montgomery GI Bill Act of 1984 (MGIB), dated 16 July 2010, shows the applicant must complete at least 24 months of a 3 year active duty service obligation and if his obligation is 2 years he may join and serve honorably in the Selected Reserve for a minimum of 48 months to qualify for the current active duty benefit rate. A (one) period of service CANNOT qualify him for both active and reserve MGIB benefits. The applicant understands he must complete 36 months of active duty service (24 months if his enlistment is for less than 36 months) before he was entitled to the current rate of monthly benefits. The MGIB provides benefits for a period of 36 months. He also understands, he was eligible for an increased monthly benefit by contributing an additional amount, not to exceed $600 while on active duty. Once separated, he could not contribute. c. Orders CR-041-0242, published by Headquarters, 4th Infantry Division and Fort Carson, dated 10 February 2015 was deployed in support of Operation Enduring Freedom (Spartan Shield). d. A DA Form 199 (Informal Physical Evaluation Board Proceedings), dated 15 November 2016 showing the applicant was physically unfit for continued service and they recommended a rating of ten percent and the applicant should be separated with severance pay. e. A DD Form 214 (Certificate of Release or Discharge from Active Duty), which shows the applicant was released from active duty on 26 February 2017 after serving 6 years and 5 months and 10 days. His service in an imminent danger pay area shows service in Iraq from 11 July 2011 to 13 December 2011; service in Kuwait from 14 December 2011 to 25 June 2012 and service in Kuwait from 16 February 2015 to 26 May 2015. He received a medical discharge in accordance with AR 635-40, Chapter 4 - Disability with severance pay, non-combat (enhanced). The amount of severance pay awarded was $34,279.20. f. Orders 351-0018, published by Headquarters, US Army Garrison, Fort Carson, dated 16 December 2016 discharged the applicant from the Regular Army with a 10% disability rating. He was authorized disability severance pay in pay grade E05 based on 6 years, 5 months, 10 days of service as computed 10 USC Section 1208. His scheduled date of separation was 14 March 2017 His disability was based on injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by law: 3. See all applicable guidance below under REFERENCES. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, disability evaluation proceedings and the reason for his separation. The Board found insufficient evidence of his attempt to request transfer of benefits, the denial of that request or his request for an exception to policy to transfer benefits and the applicant provided none. Based on a preponderance of evidence, the Board determined that the denial of the applicant’s request to transfer education benefits was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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. 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 section 3319 (Authority to Transfer Unused Education Benefits to Family Members) states that an individual transferring an entitlement to educational assistance under this section shall designate the dependent or dependents to whom such entitlement is being transferred, designate the number of months of such entitlement to be transferred to each such dependent and specify the period for which the transfer shall be effective for each dependent. An individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed. 2. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states 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: a. has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election; or b. has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute; or c. is or becomes retirement eligible during the period from 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 duty or 20 qualifying years of Reserve service. 3. Army Regulation 621-202 (Army Educational Incentives and Entitlements) states Soldiers may elect to transfer their Post-9/11 GI Bill education benefits to their spouse, one or more of their children, or a combination of spouse and children through the TEB website in the milConnect portal at https://www.dmdc.osd.mil/mil-connect or http://milconnect.dmdc.mil. Only dependents listed as eligible in the TEB website may receive the Post-9/11 GI Bill education benefit. TEB is neither an entitlement nor a transition benefit, but was specifically identified by statute as a tool for recruitment and retention of the career force. The ability to transfer the Post-9/11 GI Bill education benefit was created as a recruitment and retention incentive for additional service within the Uniformed Services. Soldiers with at least 6 years of eligible service who have not yet transferred benefits and are enrolled in the Integrated Disability Evaluation System (IDES), which includes Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB), must be found “fit for duty” and commit to four years from the TEB request date in order to be approved for TEB. 4. AR 621-202. Authorized exceptions for failure to complete TEB service agreement. If a Soldier fails to complete the service agreement for reasons other than those listed below, the amount of any transferred entitlement used by the dependent shall be treated as an overpayment of educational assistance and will be subject to the recoupment by the DVA. An exception to the policy would be a discharge or release from the Army for a disability. For RA Soldiers, the DD Form 214 must reflect “Disability” as the reason for discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170002962 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS