IN THE CASE OF: BOARD DATE: 20 March 2020 DOCKET NUMBER: AR20180010609 APPLICANT REQUESTS: Post 9/11 GI Bill Transfer of Education Benefits (TEB) eligibility. APPLICANT’S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Eligibility * Enlistment/Reenlistment Document * eBenefits Screen Shot FACTS: 1. The applicant states: a. He requests an Exception to Policy be granted to transfer his Post 9/11 GI Bill to his daughter. He became eligible for the Post 9/11 GI Bill in December 2001; however, it did not come into existence until 2009. Once it was established the GI Bill benefits could be transferred to his family members, that's what he planned to do. He did not know the TEB was a retention incentive to keep Soldier in service due to operations in Iraq and Afghanistan. He already had an indefinite contract and he presumed the time he had served would be considered as additional time required. b. He feels it an injustice his Post 9/11 GI Bill cannot be transferred due to misleading information, but it's an even bigger injustice to his family members who served along his side for 20 years and cannot benefit from this. He asks this be taken into consideration and that his educational benefits be transferred to his daughter who was accepted to the University of Kentucky. He had served well beyond the required 4 years needed to transfer the Post 9/ 11 GI Bill. c. He was not aware that this was a retention incentive. He had already reenlisted in 2003 INDEFINITELY, therefore he was already contractually obligated. 2. The applicant's service records contain the following documents for the Board's consideration: a. Orders R-09-005343, published by US Army Reserve (USAR) Personnel Center, dated 5 September 2006 ordering the applicant to Active Duty in Active Guard/Reserve (AGR) status effective 3 October 1996 for a period of 3 years. b. Orders R-08-374901, published by USAR Command, dated 19 August 2003 releasing the applicant from active duty for reenlistment in AGR status effective 8 August 2003. c. Orders R08374901A02, published by US Army Human Resources Command (HRC), dated 4 January 2019 amending Order Number R0837490-1 amending his active duty commitment to 31 March 2021. d. A memorandum from HRC, dated 10 August 2006, subject Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter). 3. The applicant provides the following documents for the Board's consideration: a. A letter from Department of Veterans Affairs, St. Louis Regional Office, dated 13 February 2018 Certificate of Eligibility showing the applicant was eligible for 35 months and 25 days of the Post 9/11 GI Bill. b. A DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) showing the applicant reenlisted indefinitely on 8 August 2003 in an AGR Status. c. An eBenefits Screen shot showing the applicant is eligible for the Post 9/11 GI Bill effective 10 December 2001. 4. 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 applicant submitted a TEB request on 3 July 2018, which was rejected because he did not have sufficient service remaining. He could have requested TEB when the program became available on 1 August 2009 until 1 June 2015 and the TEB would have been approved with a four year service obligation. He did not submit the request when he had sufficient retainability. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 5. The applicant was provided a copy of this advisory opinion on 28 February 2020 to provide him an opportunity to comment and/or submit a rebuttal. He did not respond. 6. See 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 statement, his record of service, the date of his eligibility to transfer education benefits and the date of his request for transfer. The Board considered the review and conclusions of the HRC advising official and agreed that the applicant had sufficient time to apply after the start of the program and found no evidence that the applicant had sufficient service remaining to be eligible to make a transfer. Based on a preponderance of evidence, the Board determined that the denial of transfer of his education 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 :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. REFERENCES: 1. 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, 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 in the same component. However, if a Soldier is released or separated from that component prior to completion of the additional service obligation, transferred benefits will be revoked unless the Soldier agrees to serve the remaining period, or more, in another component. 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 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, or (4) Is or will become retirement eligible during the period from 1 August 2009, through 1 August 2013 and agrees to serve the additional period, if any, specified below. For the purposes of this paragraph, a Soldier is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed under title 10 U.S.C § 12732. 2. Public Law 110-252 Section 3020, limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or After 1 August 2009. The Soldier must have at least 6 years of active duty or selected reserve status, have no current negative action flagging actions, commit to the service obligation, and transfer benefits to the dependents through the TEB website. All benefits must be transferred before the Service Member separates or retires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180010609 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS