IN THE CASE OF: BOARD DATE: 23 April 2020 DOCKET NUMBER: AR20180000894 APPLICANT REQUESTS: his spouse be eligible for Post 9/11 GI Bill Transfer of Education Benefits (TEB). 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 he requested to transfer his 9/11 military education benefits to his spouse before he was discharged, but when he clicked “approved,” he received an error message. He refreshed the page, and received a confirmation notice that the transfer was submitted. US Army Human Resources Command (HRC) is claiming they never received the request. He was never notified until after he was discharged that they never received his request. 3. A review of the applicant’s service records shows the following: a. On 13 May 2003, he enlisted in the Army and served through multiple enlistments. b. On 25 December 2016, he was honorably discharged by under the provision of Army Regulation (AR) 635-200, Chapter 18 by reason of failure to meet weight control standards. A DD Form 214 (Certificate of Release or Discharge from Active Duty), shows he completed 13 years, 7 months, and 13 days of service. 4. The applicant did not provide supporting documents. 5. In the processing of this case, an advisory opinion was obtained on 20 February 2020, from the Chief, Education Incentive Branch, HRC. The advisory official recommended disapproval of the applicant's request. The TEB incentive limits eligibility to those members of the Armed Forces who have at least six years in Active Duty or Selected Reserve status and no current negative action flag, commit to the service obligation, and transfer benefits to the dependents through the Department of Defense’s TEB website. All benefits must be transferred before the Service member separates or retires. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 6. The applicant was provided a copy of this advisory opinion on 3 March 2020 to provide him an opportunity to comment and/or submit a rebuttal. He did not respond. 7. See applicable references below. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions, his military record, an advisory opinion, and regulatory guidance were carefully considered. The Board agreed with the advisory opinion in that, the TEB incentive limits eligibility to those members of the Armed Forces who have no current negative action flag, commit to the service obligation, and transfer benefits to the dependents through the Department of Defense’s TEB website. The Board determined that there was insufficient evidence of an error or injustice to warrant relief in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XX 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. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. 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. 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. 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, c. Procedures. All requests and transactions will be completed through the Transferability of Education Benefits Web application. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000894 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1