IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20180002492 APPLICANT REQUESTS: * transfer of education benefits (TEB) under the Post 9/11 GI Bill benefits be changed from 1 September 2010 to 1 August 2009. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored letter * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Memo from the Department of Defense (DOD) Manpower Data Center with approval of Post 9/11 GI Bill benefits * Memo from the Department of Veterans Affairs with denial of transfer of educational benefits 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. He respectfully requests the Board consider amending his TEB "Transfer Request Date" for the Post 9/11 GI Bill benefits from 1 September 2010 to 1 August 2009 to reflect the date he initially elected the TEB option so he can transfer benefits to his dependents. b. He elected online to switch his Montgomery GI Bill to the Post 9/11 GI Bill and he further elected to participate in the TEB while on active duty in July of 2009 with an effective date for both as of August 2009. He logged off that day under the impression that he successfully made both elections. c. Amongst the other Post 9/11 GI Bill eligibility requirements which he met, he understood there was a two-year additional service obligation with the TEB election. He completed the required two years of active duty service from 1 August 2009 to 31 July 2011, his planned retirement date. d. He retired from active duty after 20 years of service. e. On 1 September 2010, during his initial retirement planning and review of benefits, he noticed his initial TEB selection date was not reflected in the system as 1 August 2009 as it should have been. He made the TEB election again, but the system apparently recorded 1 September 2010 as his initial request date. The DoD memo stated he was "approved," and he presumed the request date to be an administrative error that was not as important as ensuring he completed the two years of obligated service from August 2009. f. During the processing and approval of his retirement package, he was not made aware by the DoD Manpower Data Center or the Department of the Army that by retiring as planned on 31 July 2011, he would be losing the valuable Transfer of Education Benefits. g. He had no indication that he was not eligible for TEB until he applied, on behalf of his daughter, to use the education benefits in October of 2017. The Veteran's Administration denied his request in December 2017 based on the feedback they received from the Department of the Army citing he did not meet the service obligation for TEB eligibility. h. He made full faith effort and believed that he complied with and met the requirements, as written, at the time of the initial rollout of the Post 9-11 GI Bill. 3. A review of the applicant’s records show: a. he enlisted on 31 July 1991 and served in various assignments while on active duty. b. On 1 October 2010, Orders Number 274-0012, were issued by Installation Management Command – Europe, Wiesbaden Transition Center releasing the applicant from active duty, with an effective date of 1 August 2011. He retired with 20 years, 0 months and 0 days. c. The applicant received an email from Finance and Incentive Branch at the US Army Human Resources Command on 14 December 2017 indicating he did not fulfill his obligation to be eligible for the transfer of the Post 9/11 GI Bill. He was assigned a service obligation of 20120901; however, he retired 20110731, which was prior to fulfilling that entire obligation. Because he elected to voluntarily retired prior to the fulfillment of his service obligation, his transfer request has been rejected. The Post 9/11 GI Bill is still for the applicant to use; however, his dependents are not eligible to use benefits since the service obligation was not fulfilled. 4. The applicant provides: a. DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 2011 which is when he planned to retire after completing 20 years of active service b. Memo from the Department of Defense (DOD) Manpower Data Center, dated 27 August 2017, with approval for the applicant to transfer his unused Post 9/11 GI Bill benefits with his initial request date as 1 September 2010. It detailed the approval as follows: * Transfer Request Date: September 1, 2010 * Transfer Status: Request Approved * Transfer Status Date: September 9, 2010 * Obligation End Date: September 1, 2012 c. Memo from the Department of Veterans Affairs, dated, 27 December 2017, indicating the applicant did not complete the additional period of obligated service required for transfer of eligibility 5. See references 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 statement, his record of service, his request for transfer in 2010 and the date of his retirement. The Board considered the review by an HRC official and the memorandum from DMDC that reflects the dates of his approved transfer request and his obligation end date as a result. The Board found insufficient evidence that the applicant requested transfer of his benefits in 2009 as he states. Based on a preponderance of evidence, the Board determined that the denial of the applicant’s requested transfer of benefits was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. 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. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy states an eligible individual is any member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, and on or after 1 August 2009, is eligible for the Post-9/11 GI Bill and, in pertinent part, is or becomes retirement eligible during the period 1 August 2009 through 1 August 2013. A service member is considered to be retirement-eligible if he or she has completed 20 years of active service or 20 qualifying years of Reserve service. 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. The policy states, in part, Soldiers who attain 20 years of service on or after 2 August 2010 and before 2 August 2011, two years of additional service from the date of request are required. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002492 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1