IN THE CASE OF:  

		BOARD DATE:  16 July 2020

		DOCKET NUMBER:  AR20180003223


APPLICANT REQUESTS:  Correction of his record to show Post 9/11 GI Bill Transfer of 
Education Benefits (TEB) to his dependent.

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, in pertinent part, that while attending training in 2009, he 
received a briefing on the transfer of education benefits.  He filled out a form to transfer 
100% of his benefits to his son.  They were instructed to turn in the form before leaving 
the room, which he did.  Nothing else was told to him about this.  Now his son is 18 and 
was accepted to a university on a partial football scholarship.  His son applied to use the 
benefits that he transferred to him, but his son was denied.  He was informed in a letter 
that the benefits were never transferred. 

3.  A review of the applicant’s military service records shows the following: 

   a.  On 9 December 1997, he enlisted in the Kentucky Army National Guard 
(KYARNG).
   
   b.  On 8 December 2000, he was honorably discharged from the Army National 
Guard (ARNG) without personal notice.  He completed 3 years of service. 
   
   c.  On 2 November 2011, he enlisted in the KYARNG for the “Try one in the Guard” 
option. 
   
   d.  On 4 October 2011, he was honorably discharged from the ARNG by reason of 
being found medically unfit for retention, per Army Regulation 40-501.  A copy of his 
NGB Form 22 (Report of Separation and Record of Service) shows he served 9 years, 
11 months, and 3 days of net service this period, and 3 years, 7 months, and 16 days of 
prior reserve component service. 
   
   e.  His service record is void of the forms regarding transfer of education benefits, 
his Army Physical Fitness Test failures, and medical records reference his medically 
unfit discharge.

4.  The applicant did not provide any other documentary evidence for the Board.

5.  On 17 April 2020, the National Guard Bureau reviewed the applicant's records and 
rendered an advisory opinion in his case.  The Chief of the Special Actions Branch 
opined that their office could not support the applicant’s claim to TEB because there is 
no evidence in his case file that suggests there was a deliberate intent to transfer 
benefits to his son during any period of service, the Soldier did not complete the 
required four-year service obligation, and the Suspension of Favorable Personnel 
Action due to Army Physical Fitness Test failure during the time he claims he made the 
TEB election made him ineligible to complete the transfer.  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 this advisory opinion to give him an 
opportunity to respond and/or submit a rebuttal.  He did not respond.

7.  Please see all applicable 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 request, his record of 
service, the absence of evidence he applied to transfer education benefits, the 
suspension of favorable personnel actions and the reason for his separation.  The 
Board considered the review and conclusions of the NGB advising official and 
concurred the applicant was not eligible to transfer benefits.  Based on a preponderance 
of evidence, the Board determined that the denial of the applicant’s requested transfer 
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.  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.  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.

     d.  Failure to Complete Service Agreement. Except as provided below, if a Soldier
transferring entitlement under this section fails to complete the service agreed to by the
Soldier under paragraph 17a in accordance with the terms of the agreement of the
Soldier under that paragraph, the amount of any transferred entitlement that is used by
a dependent of the Soldier as of the date of such failure shall be treated as an
overpayment of educational assistance and will be subject to collection by DVA.
Exceptions:

*	The death of the Soldier
*	Discharge or release from active duty for a medical condition which pre-
      existed the service of the Soldier and was not service connected
*	Discharge or release from active duty for hardship
*	Discharge or release from active duty for a physical or mental condition not a
     disability and that did not result from the Soldier’s own willful misconduct, but did
     interfere with the performance of duty
*	The DVA has agreed to not recoup paid benefits or revoke transferred benefits 
for Soldiers who have agreed to an additional service commitment and who did 
not complete the agreed upon service due to separation for medical disability or 
through a service force shaping initiative

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180003223


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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