DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RB 3 December 2019 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for., SSN XXXXXXXXX, AR20180006597 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 17 May 2019, in which the Board members recommended denial of the applicant’s request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected to show that his request to transfer at least one month of his Post 9/11 education benefits to each of his eligible dependents was submitted on 30 August 2013, accepted for processing and that his dependents are eligible to use those benefits as allocated by the individual concerned. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 7 February 2020. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: X Encl Deput y Assist ant Secret ary of the Army CF: ( ) OMPF Printed on Recycled Paper ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 May 2019 DOCKET NUMBER: AR20180006597 APPLICANT REQUESTS: Correction of his record to show Post 9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Memorandum of Reprimand, dated 8 September 2015 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 August 2017 * Veterans Affairs (VA) letter, dated 28 March 2018 FACTS: 1. The applicant states he transferred his Post 9/11 GI Bill in 2015, at that time he also reenlisted to cover the 4 years needed to meet his service obligation. At the end of 2015 he messed up and received a Memorandum of Reprimand stating that when he reached his 20 years of active federal service they would not let him continue his tour thus unable to meet the requirements of 4 years in which he was going to do. He did retire with 26 years of service with an honorable discharge. Also when he went in to get his disability rating it came back with an 80% rating which if he had stayed in he would have been medically retired. 2. A review of the applicant’s service records show the following on: * 25 April 1997 – having had prior active duty service, the applicant enlisted in the Utah Army National Guard (UTARNG) * 6 December 2004 – Orders Number 341-014, issued by the Office of the Adjutant General, ordered the applicant to full time Active Guard/Reserve (AGR) status and multiple orders continued him in an AGR status * 17 March 2015 – DA Form 4836 was completed showing he was extending his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 25 April 1997, from his current expiration term of service date of 21 April 2017 to 21 April 2020 * 31 August 2017 – honorably retired from the ARNG, DD Form 214 shows he completed 12 years, 8months, and 25 days of net active service with 7 years, 3 months, and 27 days of prior active service and 6 years, 7 months, and 7 days of prior inactive service * his record is void of any letters of reprimand 3. The applicant provides: * Memorandum, Subject: Memorandum of Reprimand wherein he was reprimanded by his intermediate commander and he would not be recommended for service beyond 20 years of active federal service * VA letter showing he was 30% or greater disabled 4. On 24 August 2018, 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 opined that, the applicant, a former member of the UTARNG, contends that he completed the TEB of his Post 9/11 GI Bill and was not recommended for retention once he completed 20 years of active federal service. He served two of the four year requirement and should be able to transfer his Post 9/11 GI Bill to his children. Therefore, it was the belief of their office that the applicant should be granted transfer of his benefits to his children. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 5. 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. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found insufficient evidence to grant relief. The applicant only completed two of his four year reenlistment contract due to misconduct. Transfer of Post 9/11 GI Bill Education Benefits (TEB) is a retention/recruiting incentive, not an entitlement. Therefore the Board found that the applicant did not meet the requirements to transfer his benefits. 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. 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 REFERENCE: 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. a. A Soldier must be on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her dependent on or after 1 August 2009. b. A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer to eligible children. c. A Soldier may only transfer to eligible family members. To be considered an eligible family member the spouse or child must be enrolled in the Dependent Eligibility Enrollment Reporting System (DEERS). Children lose eligible family member status upon turning age 21 or at marriage. Eligible family member status can be extended from age 21 to age 23 only if the child is enrolled as a full-time student and unmarried (verified by DEERS). Wards of State are not eligible for the benefits. Once the benefits are transferred, children may use the benefits up to age 26. d. A Soldier must also agree to serve the prescribed additional service obligation based on the time in service the Soldier had on 1 August 2009. e. A Soldier must have no adverse action flag and have an honorable discharge to transfer the benefits. //NOTHING FOLLOWS//