IN THE CASE OF: BOARD DATE: 20 March 2020 DOCKET NUMBER: AR20180009944 APPLICANT REQUESTS: Correction of his record to show his dependent’s status changed from ineligible to eligible for purposes of transfer of 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) * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 March 2018 FACTS: 1. The applicant states he failed to transfer at least one month of Post 9/11 GI Bill benefits to his dependent before his discharge date, but would like to transfer benefits to this dependent. 2. A review of the applicant’s official records show the following on: a. On 24 October 2006, the applicant enlisted in the Regular Army (RA), and served through multiple reenlistments. b. On 4 April 2014, the applicant completed DD Form 93 (Record of Emergency Data) showing in item 5 (Children) he had the following children: * Mr. G- (son); Date of Birth (DOB) * Ms. M- (daughter); DOB * Mr. T- (son); DOB * Ms. T- (daughter); DOB * Mr. T- (son); DOB c. On 27 May 2014, the applicant completed DA Form 3340 (Request for Reenlistment or Extension in the RA) for the purposes of meeting the service remaining requirements to transfer Post 9/11 GI Bill benefits. d. On 28 May 2014, DA Form 1695 (Oath of Extension of Enlistment) was completed extending the applicant’s current enlistment from 12 December 2013 to 11 June 2018. e. On 20 December 2017, a Physical Evaluation Board convened, and the PEB found the applicant physically unfit and recommended a rating of 10 percent and his disposition be separated with severance pay. f. On 9 February 2018, Orders Number 040-0103, issued by Headquarters, 3rd Corps and Fort Hood, TX, reassigned the applicant to the transition point for transition processing. His date of discharge was listed as 30 March 2018. g. On 30 March 2018, the applicant was honorably discharged from active duty by reason of disability, severance pay, combat related (enhanced). He completed 11 years, 5 months, and 7 days of net active service. 3. On 20 February 2020, the U.S. Army Human Resources Command reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Education and Incentives Branch opined that: a. Their office recommended disapproval based on the following. On 14 May 2014, the applicant requested the transfer of 36 months to Ms. G- (spouse). His TEB request was approved on 29 May 2014, with a 4 year TEB service obligation of 13 May 2018. On 15 February 2015, he transferred 12 months to Mr. T- (child). On 3 April 2018, he transferred 1 month to Mr. G- (child) and to Ms. G- (child). On 11 January 2015, he reduced the number of months transferred to Ms. G- from 36 to 16 months. b. While the applicant was on active duty, one other dependent was listed as eligible in the Defense Enrollment Eligibility Reporting System for TEB but no months were transferred to: Ms. T- (child). c. The applicant was discharged with a medical disability on 30 March 2018. Because the separation narrative on his DD Form 214 is listed as "Disability, Severance Pay, Combat Related (Enhanced), and his discharge order contains disability severance pay, this office adjusted his TEB obligation end date from 13 May 2018 to 30 March 2018 (his last day in active duty or Selected Reserve status) to reflect he met the TEB service obligation. d. Because the applicant had not transferred at least one month to his other dependent before retiring, he cannot make this dependent eligible for TEB while in a retired status per Title 10 United States Code, section 3319(f)(1 ). Changes to the amount of months allocated to dependents can be made at any time, to include once you leave military service, provided the Soldier allocates at least one month of benefits to the respective dependent prior to separation. If the Soldier fails to transfer at least one month to a dependent, the Soldier may not transfer to that dependent after leaving military service. e. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 4. 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. 5. Army Regulation (AR) 621-202 (Army Educational Incentives and Entitlements) states: a. Authorized exceptions for failure to complete TEB service agreement for RA Soldiers, the DD Form 214 must reflect "Disability" as the reason for discharge. b. Soldiers may only request to transfer Post-9/11 GI Bill education benefits while serving as a member of the Uniformed Services on active duty. Soldiers may not request transfer when in a retired or discharged status. c. In order to reallocate any additional months to a dependent after discharge, release, or retirement, Soldiers must have transferred at least one month to that dependent prior to leaving the Armed Forces. d. Soldiers may increase, decrease, or revoke months to an eligible dependent at any time as long as at least one month is transferred to the dependent before the Soldier leaves the Armed Forces. Once a Soldier leaves service, the Soldier may not transfer benefits to dependents who had not received at least one month while the Soldier was on active duty. 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 and the reason for his separation. The Board considered the applicant’s transfers and changes in allocations to other eligible dependents prior to his separation as well as the absence of a transfer to the dependent he now requests. The Board considered the review and conclusions of the Human Resources Command advising official and found evidence that the applicant was knowledgeable of transfer procedures. Based on a preponderance of evidence, the Board determined that the denial of transfer of education benefits to his requested dependent 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 :XXX :XXX :XXX 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. ? REFERENCE: AR 621-202 (Army Educational Incentives and Entitlements) states: a. Authorized exceptions for failure to complete TEB service agreement for RA Soldiers, the DD Form 214 must reflect "Disability" as the reason for discharge. b. Soldiers may only request to transfer Post-9/11 GI Bill education benefits while serving as a member of the Uniformed Services on active duty. Soldiers may not request transfer when in a retired or discharged status. c. In order to reallocate any additional months to a dependent after discharge, release, or retirement, Soldiers must have transferred at least one month to that dependent prior to leaving the Armed Forces. d. Soldiers may increase, decrease, or revoke months to an eligible dependent at any time as long as at least one month is transferred to the dependent before the Soldier leaves the Armed Forces. Once a Soldier leaves service, the Soldier may not transfer benefits to dependents who had not received at least one month while the Soldier was on active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180009944 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1