IN THE CASE OF: BOARD DATE: 1 May 2020 DOCKET NUMBER: AR20180014292 APPLICANT REQUESTS: retroactive entitlement to Transfer Education Benefits (TEB) under the Post 9-11 G.I. Bill to his dependents. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self Authored letter dated 5 June 2018 * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 11 May 2010 * NGB Form 22 (Report of Separation and Record of Service) dated 30 September 2010 * Department of Veterans Affairs (VA) letter dated 14 February 2018 * Congressional Release of Information letter dated 5 June 2018 * Congressional Inquiry Response dated 6 September 2018 FACTS: 1. The applicant states in part that he served for over 20 years in the Army. During his tour in Iraq from 2009 to 2010 he elected to transfer his educational benefits under the Post 9-11 G.I. Bill to both his son and daughter. He completed the required paperwork and submitted the documents while in Iraq on active duty. He received confirmation of its receipt; however, he was unable to print off a copy because he did not have access to a printer. He has always told his children that when the time came for college this money would be there to help them. His son graduated from high school and elected to join the Air Force. His daughter graduated in 2018 and elected to attend college. When they applied for use of his educational benefits he was informed that his benefits had not been transferred and that this election could only be made while on active duty. He attempted to contact the VA for assistance but was advised that the Department of Defense has no record of his TEB election. He has assured his daughter since elementary school that his G.I. Bill would be there to help her pay for college. After so many years of faithful service he finds it disheartening to know that the benefits that he was promised may not be honored. 2. A review of the applicant’s available service records reflects the following: a. On 19 October 1989 he enlisted in the Army National Guard (ARNG). b. On 4 April 2009 (Order# 094-190) he was ordered to active duty on 2 May 2009 in support of Operation Iraqi Freedom. c. On 11 May 2010 he was released from active duty. d. On 6 July 2010 he received his Notification of Eligibility for Retired Pay at Age 60 (Twenty Year) letter indicating that he had completed the required years of service entitling him to apply for retirement pay at age 60. e. On 27 September 2010 (Order# 270-055) he was discharged from the ARNG and reassigned to the Retired Reserve effective 30 September 2010; credited with 20 years of service for retired pay. 3. The applicant provides the following a: a. DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 11 May 2010 reflective of his service on active duty from 2 May 2009 through 11 May 2010. b. NGB Form 22 (Report of Separation and Record of Service) dated 30 September 2010 reflective of his service within the ARNG from 14 May 2000 through 30 September 2010. c. Department of Veterans Affairs (VA) letter dated 14 February 2018 reflective of his daughters denied claim to education benefits under the Post 9-11 G.I. Bill because the applicant’s records did not reflect transferability. d. Congressional Inquiry Response dated 6 September 2018 reflective of the Army National Guard Personnel Programs, Resources and Manpower Division having reviewed the applicant’s service records and determined that he gained eligibility for the Post-9-11 G.I. Bill and the eligibility to TEB as early as 1 August 2009; however, all associated data indicates that he did not complete a request to TEB in MILCONNECT before he separated from the ARNG. Further stated is that the ARNG, the DOD, and the VA initiated a massive public campaign plan which generated major communications through military, public, and social media venues on the Post 9-11 G.I. Bill and subsequent transfer of education benefits. Although significant measures were taken to disseminate the information to all Soldiers during the initial phase of the program, many Soldiers who left service were not fully aware of the requirement to transfer prior to leaving military service. 4. The applicant did not provide nor does review of his records reflect proof of a previous election on MILCONNECT. 5. On 13 February 2020 the Chief, ARBA Congressional Liaison and Inquiries responded to the applicant’s congressional representative stating in part that the request required review from the National Guard Bureau (NGB) which has delayed adjudication. 6. On 16 March 2020 the NGB, Chief of Special Actions Branch provided an advisory opinion recommending approval stating in part that in the first years after the (Tittle 38, United States Code (USC) Section 3301-3324, Post 9/11 Education Assistances) law was passed, many Soldiers have reported that they did not understand the process and there was no uniform practice in place to get pertinent information to the service members. The ARNG, DOD, and the VA initiated a massive public campaign plan that generated major communications through military, public, and social media venues on the Post 9-11 G.I. Bill and subsequent transfer of education benefits. Although significant measures were taken to disseminate the information to all Soldiers during the initial phase of the program, many Soldiers were not fully aware of the requirement to transfer prior to leaving military service. 7. On 10 April 2020 the applicant was provided with a copy of the advisory opinion and was given 14 days to submit comments in response. As of 25 April 2020 the applicant had not responded. 8. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, an NGB advisory, and regulatory guidance were carefully considered. Evidence of record shows there was no uniform practice in place to get pertinent information to the service members. However, the Board concurred with the NGB advisory finding during the initial phase of the program, many Soldiers were not fully aware of the requirement to transfer prior to leaving military service. Based upon a preponderance of the evidence, the board determined there is sufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed and the Army approved, in a timely manner, his application to transfer his unused education benefits to his eligible dependent(s), effective 10 May 2009, and provided all other program eligibility criteria were met, in accordance with the Transfer of Education Benefits provisions of the Post-9/11 GI Bill. 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. Public Law 110-252, as amended by Public Law 111-377, identified the qualifications to receive the Post-9/11 GI Bill, one of which was that the service member must have performed active service on or after 11 September 2001 in order to be eligible for the Post-9/11 GI Bill. Public Law 110-252 established legal requirements on the transferability of unused benefits to those members of the Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. 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. 2. Public Law 110-252 section 3319 (Authority to Transfer Unused Education Benefits to Family Members) states that an individual transferring an entitlement to educational assistance under this section shall designate the dependent or dependents to whom such entitlement is being transferred, designate the number of months of such entitlement to be transferred to each such dependent and specify the period for which the transfer shall be effective for each dependent. An individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed. All applications will be submitted through the Transferability of Educational Benefits (TEB) website. Post 9/11 G.I. Bill (Chapter 33) benefits can be paid for training pursued on or after August 1, 2009. No payments may be paid for training pursued before that date. For those individuals eligible for retirement on or after August 1, 2011, and before August 1, 2012, three years of additional service after approval of transfer are required 3. DODI 1341.13 (Post 9-11 G.I. Bill) states that an individual transferring entitlement may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. An individual may add new family members, modify the number of months of the transferred entitlement for existing family members, or revoke transfer of entitlement while serving in the Uniformed Services, however they may not add family members after retirement or separation from the Military Services, but may modify the number of months of the transferred entitlement or revoke transfer of entitlement after retirement or separation for those family members who have received transferred benefits prior to separation or retirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014292 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1