ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2019 DOCKET NUMBER: AR20170017647 APPLICANT REQUESTS: * correction of his record to show Transfer of Educational Benefits (TEB) under his Post 9/11 GI Bill to his spouse * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Soldier Management System (SMS) screenshot FACTS: 1. The applicant states essentially: * when he reenlisted, on 16 October 2016, he planned on transferring his Post 9/11 GI Bill benefits, but his work schedule as a night shift supervisor made it difficult to see the career counselor during the day * when he was informed he was being recommended for a medical separation, he was nervous, unprepared and frantically searching for potential employment * in April 2017, when he was still pending approval for separation he contacted the career counselor to start the process of transferring the benefits because the education center confirmed he was still able to transfer the benefits * on 8 May 2017, the career counselor told him he was able to secure the paperwork to get the TEB process started and from this point forward all the paperwork was completed to include the memorandum he had to write * his paperwork was processed through the company and battalion, but got held up at the brigade because the brigade career counselor was out of the office for a few weeks * once the paperwork was signed it was sent to the U.S. Army Human Resource Command (HRC) and the process came to a halt * he found on the HRC website a statement that says “Soldiers between 6 and 10 years of service and who are approved for a medical separation who previously committed to the 4-year additional service [sic]” * these Soldiers must be in an approved status for HRC to adjust the TEB obligation and the Soldier is not eligible for this exception if the Soldier did not commit to the service obligation before being approved for separation * because of this, he was under a 4 year contract at the time the TEB process began * if he was not approved for a medical separation and the process had not taken so long to get the final signature, he does not believe he would have been denied 2. A review of the applicant’s service records show the following on: * 3 March 2009 – enlisted in the Regular Army and served through multiple reenlistments * 3 May 2017 – a Physical Evaluation Board (PEB) convened and found the applicant physically unfit with a combined rating of 20% and his disposition be separation with severance pay * 29 August 2017 – honorably discharged from active duty by reason of disability, severance pay, combat related (enhanced); DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 8 years, 5 months, and 27 days of net active service 3. The applicant provide an SMS screenshot, dated 11 July 2017, showing his request was disapproved due to insufficient retainability prior to his separation dated. He needed to contact a career counselor to get an Exception to Policy (ETP) through the Army G1 before the medical board made the decision to separate the service member. 4. On 11 March 2019, the analyst of record received the applicant’s TEB ETP from the U.S. Army G-1, Senior Retention Operations NonCommissioned Officer (NCO). Although the applicant’s request for ETP was supported by his chain of command, the PEB determination of unfitness was made on 3 May 2017, his request for ETP was initiated on 15 May 2017, and his request for ETP was denied by the Army G-1 on 27 July 2017. 5. The applicant was provided the TEB ETP denial received from the Army G-1 and he provided the same documentation in support of his rebuttal. 6. 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. 7. TEB and the Soldier in the IDES (Medical Evaluation Board (MEB)/PEB) Process * a Soldier must request an ETP through their career counselor/retention NCO and command leadership to extend or reenlist for the TEB 4-year service obligation * the ETP request must be sent to the Army G-1 Enlisted Professional Development Branch (Retention) for approval * the Soldier must have an approved ETP and extend or reenlist for the TEB four- year service obligation before the Soldier receives the PEB “unfit for duty” determination * upon medical disability separation/retirement, HRC will adjust the TEB service obligation from the four-year service obligation to the medical disability separation/retirement effective date 8. Army Regulation (AR) 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. The preponderance of evidence shows the applicant intended to transfer education benefits to his spouse. The applicant attempted to file prior to his medical separation approval, but due to the time needed to secure the paperwork to transfer and with personnel processing his paperwork being out for an extended period of time, his medical separation approval occurred prior to the approval of his application to transfer education benefits. 2. Furthemore, the applicant’s chain of command supported the exception to policy to approve the transfer of education benefits to his spouse even after he was found unfit for duty. Therefore, it would be equitable to correct his records to show he filed his application to transfer his educational benefits to his spouse on 16 October 2016 when he reenlisted, that the application was approved by the Army and to adjust his active duty service obligation from 16 October 2020 to 29 August 2017 since he was approved for a medical separation. 3. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: G RA NT FU LL RE LI EF G RA NT PA RT IA L RE LI EF G RA NT FO R M AL HE AR IN G DE NY AP PL IC AT IO N BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 his application to transfer his educational benefits to his spouse on 16 October 2016 for a 4-year contract, that the application was approved by the Army, and that his active duty service obligation changed to 29 August 2017 since he was approved for a medical separation. 2. The Board recommends no personal appearance. _______________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. ADMINISTRATIVE NOTE(S): Not Applicable 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. 2. TEB and the Soldier in the IDES (MEB)/PEB) Process: * a Soldier must request an ETP through their career counselor/retention NCO and command leadership to extend or reenlist for the TEB 4-year service obligation * the ETP request must be sent to the Army G-1 Enlisted Professional Development Branch (Retention) for approval * the Soldier must have an approved ETP and extend or reenlist for the TEB four- year service obligation before the Soldier receives the PEB “unfit for duty” determination * upon medical disability separation/retirement, HRC will adjust the TEB service obligation from the four-year service obligation to the medical disability separation/retirement effective date 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires.