IN THE CASE OF: BOARD DATE: 2 July 2020 DOCKET NUMBER: AR20170017853 APPLICANT REQUESTS: Requests transfer of his Post 9/11 GI Bill benefits to his daughter. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file 2. The applicant states: a. In August of 2009, during his demobilization, he opted to change his Montgomery GI Bill to the Post 9/11 Bill. He elected to have his daughter receive 100% of the Post 9/11 Bill. In 2016, he was informed there was nothing on file showing the transfer. The applicant is requesting the error be corrected. b. He states he filled out the form to allow the transfer and it was never implemented. He has not been able to get help with this issue and this is his last resort. c. It has been only 1 year, but it is time sensitive since his daughter is currently enrolled as a full time student at a University and deserves to take advantage of this benefit. 3. A review of the applicant’s official records show the following: a. On 9 February 1999, the applicant enlisted in the Pennsylvania Army National Guard for 1 year after spending 7 years in the United States Marine Corps. Enlisting at the rank of Sergeant (SGT)/E-5, he served in various positions. b. On 1 August 2008, Orders Number 214-083, issued by Department of Military and Veterans Affairs, The Pennsylvania Adjutant General, Annville, Pennsylvania, called the applicant to active duty in support of Operation Enduring Freedom for a period not to exceed 400 days. c. On 14 October 2009, the applicant was honorably released from active duty and transferred to his Pennsylvania Army National Guard unit. He served in Iraq from 14 January to 15 September 2009. d. On 30 September 2012, the applicant was discharged and transferred to the Retired Reserve in accordance with National Guard Regulation (NGR) 600-200, Chapter 6-paragraph 36o. e. On 28 December 2012, Orders Number 363-1024, issued by Department of Military and Veterans Affairs, The Pennsylvania Adjutant General, Annville, Pennsylvania, reassigned the applicant to the Retired Reserve with an effective date of 30 September 2012. f. On 7 January 2013, the applicant received his NGB Form 23B that shows his creditable service for retired pay as 21 years with 4,159 points. 4. On 13 August 2019, the National Guard Bureau reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Special Actions Branch recommended approval of his request. a. The applicant, a former member of the Pennsylvania National Guard (PAARNG), contends that he transferred Post 9/11 GI Bill benefits to his daughter, during demobilization in September 2009 after his deployment to Iraq. b. The soldier went through a demobilization station and opted to elect his daughter to receive 100% of the Post 9/11 Bill. The soldier was informed in 2016 that there was no documentation of this election. Transfer of Post 9/11 GI Bill Benefits to dependents (TEB) was established to promote retention. A DD Form 214 in the Soldier’s record shows he served in Iraq 14 January 2009 through 15 September 2009. He served an additional four years following his attempt to transfer his education benefits. If the transfer of education benefits were completed properly and recorded correctly, he would have served the additional time to complete the transfer. The applicant received an Honorable discharge on 30 September 2013 with 21 years of service. c. The Army National Guard, Department of Defense, and Department of Veterans Affairs 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. Based on the applicant’s status at the time of TEB program inception, he would have been required to serve three additional years. The applicant states he completed the paperwork to transfer the Post 9/11 GI Bill Benefits in 2009 during the demobilization station processing; however, there is no documentation of this transfer. He served beyond the service obligation established for his years of service on the date of his attempted transfer; therefore, this office recommends he should be granted the transfer of his benefits to his daughter. This advisory opinion was coordinated with the Education Services. d. The PAARNG did not concur with this recommendation. e. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 6. The applicant was provided with a copy of the advisory opinion on 12 May 2020, to give him an opportunity to respond and/or submit a rebuttal. As of 26 June 2020, the applicant has not responded. 7. See applicable TEB laws below. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s request, his record of service, the date of program implementation, the dates of his demobilization, the absence of a request for transfer and his continued service in the ARNG until being honorable discharged. The Board considered the review and conclusions of the National Guard Bureau advising official and concurred with the recommendation. Based on a preponderance of evidence, the Board determined that correction to the applicant’s record was appropriate as a matter of equity. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX 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 to show that: - The applicant submitted a request for transfer of his Post-911 GI Bill benefits to his daughter prior to his demobilization in September 2009; - His request was received, accepted and processed by appropriate officials, and; - His daughter is eligible to receive transfer if the applicant’s education benefits. 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. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program. a. Transferability of Unused Benefits to Dependents. For the purposes of transferability, Armed Forces include all active duty service and all Selected Reserve service regardless of branch of service or component Soldiers whose request to transfer benefits is approved will incur an additional service obligation in accordance with the below policy. Soldiers are expected to serve the additional service obligation. b. Eligibility. (1) Any Soldier of the Armed Forces who fulfills Post 9/11 GI Bill eligibility requirements and who, at the time of the approval of the Soldier’s request to transfer entitlement to educational assistance does not have an adverse action flag, is eligible for the Post 9/11 GI Bill, and (2) Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years from the date of request, regardless of the number of months transferred, or (3) Has at least 10 years of service in the Armed Forces on the date of election and if cannot commit to 4 additional years due to an Retention Control Point (RCP) or Mandatory Retirement Date (MRD), must commit to serve for the maximum amount of time allowed by either RCP or MRD as of the date of request, regardless of the number of months transferred. (4) Is or will become retirement eligible during the period from 1 August 2009, through 1 August 2013 and agrees to serve the additional period, if any, specified below. For the purposes of this paragraph, a Soldier is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed under title 10 U.S.C § 12732. Use which ever computation establishes 20 years regardless of which component the Soldier is in at the time of electing to transfer benefits. The policy states in part, Soldiers who attain 20 years of service on or after 2 August 2011, and before 2 August 2012, three years of additional service from the date of request are required 3. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program. It states under Procedures. All requests and transactions will be completed through the Transferability of Education Benefits Web application. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170017853 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1