BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20170004406 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x_____ ___x_____ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20170004406 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. ___________x_______________ CHAIRPERSON 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. BOARD DATE: 4 January 2018 DOCKET NUMBER: AR20170004406 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show he elected to transfer his unused educational benefits to his eligible dependent under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill, and he made the election prior to his dependent reaching 21 years of age. 2. The applicant states: * according to his dependents list, his daughter is ineligible to receive his transferred Post-9/11 GI Bill education benefits * he was told that once he reenlisted, he could transfer his education benefits to his daughter * he reenlisted in 2014 but his daughter still shows as ineligible to receive the education benefit on the Department of Veterans Affairs (VA) system * he called the VA and was told that he had to file an appeal thought the Army Review Boards Agency to correct the ineligible status error before he could transfer the benefit * he believes he was given wrong information and the VA website does not state when and/or at what age a dependent becomes ineligible to receive the education benefit * he is sure he is not the only parent who is trying to give our next generation a better education and future * the VA needs to give out the right information the first time and not just pieces of information 3. The applicant provides a one-page printout from the Defense Manpower Data Center (DMDC) milConnect website and a VA information paper regarding the transferability of Post 9/11 GI Bill education benefits. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 21 September 2000. He is currently serving on active duty in the Regular Army. 2. The applicant provides a one-page printout from the DMDC milConnect website that shows his request to transfer his unused education benefits was approved on 26 January 2015. It also shows a beginning date of 12 December 2014 and that one of his children, date of birth (DOB) , was ineligible to receive transferred education benefits. 3. During the processing of this case, an advisory opinion was obtained from the Finance and Incentives Branch, U.S. Army Human Resources Command (HRC). It states: a. On 12 December 2014, the applicant requested the TEB. On 26 January 2015, the HRC GI Bill Team approved the TEB request with a four-year TEB service obligation (TEB Obligation End Date) of 11 December 2018. He is still fulfilling the TEB service obligation. b. When the applicant requested TEB on 12 December 2014, the following dependents were eligible: his spouse; child, DOB 20 November 1996; and child, DOB 18 May 1998. His older child, DOB 2 November 1993, was ineligible because she had reached her 21st birthday and was not in the "Defense Enrollment Eligibility Reporting System (DEERS) extended eligibility status" (requires full-time status in an institution of higher learning (IHL)), nor was she enrolled as a "less than full-time IHL student" or "non-IHL student." c. The applicant stated he would like to transfer education benefits to his child (DOB 2 November 1993); however, the TEB web application, http://milconnect.dmdc.mil, did not permit the transfer because she had already reached age 21 as of the TEB request date and was not in "DEERS extended eligibility status." (1) The applicant did not transfer education benefits before his daughter turned age 21. (2) The applicant was eligible to transfer education benefits as early as 1 August 2009. d. The applicant could have transferred education benefits to his daughter on/after age 21 and before age 23 if she had been enrolled as a full-time IHL student and if he had provided an IHL enrollment document from the IHL's registrar's office to the installation DEERS office which would have updated the TEB website as "eligible." However, his daughter was not a full-time IHL student. The HRC DEERS office reviewed the DEERS database and confirmed his daughter was not a full-time IHL student, so she was ineligible for "DEERS extended eligibility status" and her status in the TEB website remained "ineligible." e. The applicant could have transferred education benefits to his daughter on/after age 21 and before age 23 if she had been enrolled as a less-than full-time IHL student or a non-IHL student and provided a document from the IHL or non-IHL's registrar's office while the student was enrolled to the HRC GI Bill Team. The HRC GI Bill Team did not receive such documentation. If his daughter was enrolled as a less-than full-time IHL student or a non-IHL student on/after age 21 and before age 23, the applicant will need to provide documentation to the HRC GI Bill Team. f. While Public Law 110-252, Section 3319(f)(1) states "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," the Department of Defense Instruction Number 1341.13 (dated 31 May 2013), Enclosure 3, paragraph 3b(2), and the Department of the Army Post 9/11 GI Bill Policy Memorandum, dated 10 June 2009, paragraph 17b(2) further states, "A family member must be enrolled in DEERS and be eligible for benefits at the time of transfer to receive transferred educational benefits" (in the TEB website). Therefore, when a child reaches their 23rd birthday and if the transfer has not already occurred, the child is no longer eligible in DEERS for education benefits to be transferred. If the transfer had occurred prior to their 23rd birthday, the child would have to use the education benefits prior to their 26th birthday. If the child reaches their 21st birthday and the TEB website reflects "ineligible" but the child is enrolled as a less than full-time IHL student or a non-IHL student and provides documentation to the HRC GI Bill Team while enrolled and before their 23rd birthday, the HRC GI Bill Team may assist. g. The applicant is still in the service and is permitted to transfer to his other dependents. If his daughter does not meet requirements in paragraph "e" above, a change in policy will be required to permit transfer to dependents when the dependent child has reached their 23rd birthday. 4. The HRC's advisory opinion was provided to the applicant to allow him the opportunity to provide additional evidence or a rebuttal. However, he did not respond. 5. The applicant provides a VA information paper regarding the transferability of Post 9/11 GI Bill education benefits. This document states that "a family member must be enrolled in the [DEERS] and be eligible for benefits at the time of transfer to receive transferred educational benefits." REFERENCES: 1. The Post-9/11 GI Bill went into effect on 1 August 2009. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused educational benefits to family members. A service member may execute transfer of benefits only while serving as a member of the Armed Forces. The VA is responsible for final determination of eligibility for educational benefits under this program. a. A Soldier must currently 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 benefits to eligible children. c. A Soldier may only transfer to eligible dependents. To be considered an eligible dependent the spouse or child must be enrolled in DEERS and be eligible for DEERS benefits. Children lose eligible dependent status upon turning age 21 or at marriage. Eligible dependent 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); the child will lose eligibility status upon less than full-time status or graduation. Once the benefits are transferred, children may use the benefits up to age 26. 2. Title 10, section 1072, states the term "dependent" [child] with respect to a member or former member of a uniformed service, means a child who: a. Has not attained the age of 21 b. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary and is, or was at the time of the member's or former member's death, in fact dependent on the member or former member for over one-half of the child's support c. Is incapable of self-support because of a mental or physical incapacity that occurs while a dependent of a member or former member and is, or was at the time of the member's or former member's death, in fact dependent on the member or former member for over one-half of the child's support DISCUSSION: 1. The available evidence shows the applicant was fully eligible to transfer benefits to his eligible dependents at the time of his request on 12 December 2014; however, based on the fact that his oldest daughter was over 21 years of age at the time he requested the transfer and there were no documents available that indicate she was enrolled as a full-time student, she was found ineligible to receive transferred educational benefits. 2. To be eligible to receive transferred education benefits, a dependent must be enrolled in DEERS and eligible for benefits. Additionally, the child must be under the age of 21, which may be extended from age 21 to age 23 only if the child is enrolled as a full-time student and unmarried. There is no evidence to show that at the time of his request for TEB, the applicant's oldest daughter was enrolled in DEERS (extended eligibility status) as a full-time student. In the absence of evidence showing his dependent met these requirements, there is no basis upon which to grant the requested relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004406 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004406 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2