ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 October 2019 DOCKET NUMBER: AR20170007540 APPLICANT REQUESTS: In effect, an exception to policy to transfer his educational benefits to his son under the Transfer of Education Benefits (TEB) provision of the Post- 9/11 GI Bill. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant states prior to his mandatory removal date (MRD) in 31 March 2013, he repeatedly tried to add his son to his list of eligible dependents. His son was properly listed as a dependent in Defense Eligibility Enrollment Reporting System and he had already extended a portion of his educational benefits to three of his daughters. No matter what he tried he could not get the TEB application to save this designation. He tried for several weeks straight in vain to get the system to accept his request. He also called numerous times to Human Resources Command to request help, but was repeatedly told that the designation could only be made online. At the time he made this attempt, he was using a civilian computer, a commercial Common Access Card (CAC) reader and Army CAC and was a drilling reservist located more than 150 miles from his reserve center. He basically ran out of time (MRD) without being able to make this simple update on the TEB website. After his MRD, he started a new job moved from Nebraska to Texas and have not had the time, nor the know how to pursue this correction. His son is now attending college full time and would greatly benefit. 2. A review of the applicant’s service records shows the following: a. He enlisted in the U.S. Army Reserve as a cadet on 24 September 1980. He accepted commission as an Army Reserve officer on 16 March 1983. b. He entered a period of active duty on 10 September 1983 and was honorably released from active duty on 31 March 1987. He entered another period of active duty in support of Operation Iraqi Freedom on 24 April 2010 until 2 June 2011 when he was honorably released from active duty for completion of required active service. c. On 30 January 2013, Headquarters, 88th Regional Support Command, Fort McCoy, WI published orders transferring him to the Retired Reserve effective 31 March 2013. d. Orders C04-692811, dated 1 April 2016 show he was retired and placed on the retired list on 27 May 2016. He completed 29 years of qualifying service toward non- regular retirement e. An entry on the applicant's Soldier Management System (SMS) of the Integrated Web Services (IWS), a database maintained by the U.S. Army Human Resources Command, shows "30 August 2010, the Soldier has applied for the transfer of chapter 33, Post 9/11 MGIB benefits and was approved. Service Obligation date is 2014/08/30." 3. Public Law 110-252 established legal limitations on the transferability of unused Post-9/11 GI Bill benefits. Further, section 3020 of Public Law 110-252 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 6 years in an active duty or Selected Reserve status and no current negative action flag, commit to the service obligation, and transfer benefits to their dependents through the TEB website. All benefits must be transferred before the service member separates or retires. a. The Post-9/11 GI Bill is a benefit for the Soldier as a reward for service during a time of conflict. The option to transfer educational benefits to a dependent is considered an incentive, not an entitlement. The transferability incentive was included in the statute for the express purpose of recruitment and retention. It is neither a reward for service nor a transition benefit. The incentive requires the Soldier to commit to and fulfill additional service, in most cases, from the TEB request date. b. The Post-9/11 GI Bill benefit and the TEB incentive do not require a formal one- on-one counseling, group counseling, or a reduction in pay to make oneself eligible. A Soldier acquires eligibility for the Post-9/11 GI Bill benefit through qualified service after 10 September 2001 and elects the benefit through the VA using a VA Form 22-1990. A Soldier acquires TEB eligibility as stated above and makes dependents eligible (awards at least 1 month to the dependent) by requesting TEB via the TEB website and fulfilling the TEB service obligation (if applicable). A child must be reported in the Defense Enrollment Eligibility Reporting System (DEERS) and be eligible for benefits as defined by law. By law, children under 21 years of age are eligible. Children are defined as natural children, step children (the children of your current spouse), pre-adoptive and adopted children. Foster children and wards are not eligible regardless of age (Title 38, USC). c. The Soldier must acknowledge and click on nine statements in the TEB website before submitting the TEB request. Statements "d" and "e" pertain to the Soldier agreeing to serve the TEB service obligation and a possible overpayment if the TEB service obligation is not fulfilled. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. He was transferred to the Retired Reserve in March 2013. His approval was contingent on serving through his service obligation date of October 2014. He knew he owed service and did not do it. Based upon the above facts and circumstances, the Board found the applicant made a knowing choice, which resulted in no error or injustice which would warrant making a change to the applicant’s TEB benefits. 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. 11/13/2019 X CHAIRPERSON Signed by: 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: Public Law 110-252 established legal limitations on the transferability of unused Post- 9/11 GI Bill benefits. Further, section 3020 of Public Law 110-252 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 6 years in an active duty or Selected Reserve status and no current negative action flag, commit to the service obligation, and transfer benefits to their dependents through the TEB website. All benefits must be transferred before the service member separates or retires. a. The Post-9/11 GI Bill is a benefit for the Soldier as a reward for service during a time of conflict. The option to transfer educational benefits to a dependent is considered an incentive, not an entitlement. The transferability incentive was included in the statute for the express purpose of recruitment and retention. It is neither a reward for service nor a transition benefit. The incentive requires the Soldier to commit to and fulfill additional service, in most cases, from the TEB request date. b. The Post-9/11 GI Bill benefit and the TEB incentive do not require a formal one- on-one counseling, group counseling, or a reduction in pay to make oneself eligible. A Soldier acquires eligibility for the Post-9/11 GI Bill benefit through qualified service after 10 September 2001 and elects the benefit through the VA using a VA Form 22-1990. A Soldier acquires TEB eligibility as stated above and makes dependents eligible (awards at least 1 month to the dependent) by requesting TEB via the TEB website and fulfilling the TEB service obligation (if applicable). c. The Soldier must acknowledge and click on nine statements in the TEB website before submitting the TEB request. Statements "d" and "e" pertain to the Soldier agreeing to serve the TEB service obligation and a possible overpayment if the TEB service obligation is not fulfilled. NOTHING FOLLOWS