ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 25 June 2019 DOCKET NUMBER: AR20180014872 APPLICANT REQUESTS: 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) * Medical Records * DD Form 214 (Certificate of Release or Discharge from Active Duty) * NGB 22 (National Guard Report of Separation and Record of Service FACTS: 1. The applicant states he transferred his benefits to his son on June 2016, and at the time of his retirement May 2018, he thought everything was taken care of. On August 2018 he was informed by the ID section his son had until 22 October 2018 to be enrolled before he would lose his benefits. At that point the applicant started calling around speaking to different agencies for assistance and guidance. He found that because he was flagged the transfer did not go through. He was properly counseled on the situation regarding the flag, however he was not counseled on how to have the flag removed prior to his retirement or when he would be informed when the flag would be removed. He states if he had been given the proper guidance, direction and opportunity, he would have had the flag removed prior to retiring. He is asking the board to investigate the situation on this matter and help give his children the opportunity to further attend school. 2. The applicant provided a DD Form 214 showing he was on active orders for 1 year, 2 months and 18 days. He also provided his NGB 22 showing he completed 20 years of service. 3. A review of the applicant’s records show: * 23 September 1975 - he enlisted in the Regular Army (RA) * 29 July 1989 – he had a break in service * 20 June 2003 – he enlisted in the Army National Guard (ARNG) * 3 August 2015 – a FLAG was initiated due to him entering in Weight Control Program (K) * 22 April 2016 – he was notified he was selected for retention for one year by the Qualitative Retention Board * 30 August 2016 – he was placed in the retired reserves * 11 May 2018 – he was placed on the retired list 4. On 3 May 2019 the Army Review Board Agency (ARBA) received an advisory opinion from the National Guard Bureau Special Action Branch Chief showing: * recommend disapproval of applicant’s request for TEB * applicant contents he was unable to transfer his Post 9/11 benefits to dependents due to being flagged for Army Body Composition Program (ABCP) failure at the time of enrollment, applicant does not deny flag but states he was not informed this his ABCP flag would affect his eligibility of TEB * applicant was flagged in August 2015 and released to Retired Reserves 30 August 2016, he remained flagged due to lack of progress in the ABCP program * he stated he enrolled in TEB in June 2016 but was not made aware of denial until August 2018, but the Guard Incentive Management System stated that the TEB transfer was denied on 10 June 2016 and the applicant was notified via phone all on 24 June 2016 * AR 621-202, 4-15a (8 February 2016 and 26 September 2017) shows eligibility criteria for Army personnel to utilize the TEB; the 2016 version of the regulation shows Soldiers cannot be flagged for adverse actions, 2017 version clarifies any flags are disqualifying to include flags for ABCP * it is the Soldier’s responsibility to ensure that they are eligible for the education programs in which they are enrolling 5. See applicable references below. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the advisory opinion. The Board discussed the change in policy to clarify the additional detail in the regulation (adding AWCP) in addition to adverse actions. This changed occurred after the applicant’s initial submission. The Board also discussed the applicant’s statement and the conclusion of the advising official recommending denial. The Board determined that the policy was not clear when the applicant submitted his request and in spite of the notification by the NGB informing him he was not eligible in 2016 determined that he should be granted relief. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X :X :X 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 his 2016 request to transfer his Post-11 GI Bill benefits to his dependents was accepted by the appropriate authority and that he was eligible to transfer benefits after his retirement. 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 ? REFERENCES: 1. Public Law 110-252 established legal limitations on the transferability of unused Post-9/11 GI Bill benefits. The law limits eligibility to transfer unused education 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: a. A member must be currently serving on active duty or as 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 member 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 benefits to eligible children. c. A member may only transfer to eligible dependents. To be considered an eligible dependent, the spouse or child must be enrolled in Defense Eligibility Enrollment Reporting System (DEERS) and be eligible for DEERS benefits. Children lose eligible dependent status upon reaching age 21 or at marriage. Eligible dependent 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 member must also agree to serve the prescribed additional service obligation based on the time the member had in service on 1 August 2009. e. A member must have no adverse action flag and have an honorable discharge to transfer the benefits. f. A member should not be granted relief based on unawareness of the law, program rules, or procedures unless he or she left the service during the implementation phase (first 90 days) of the program. The Army, Department of Defense (DOD), and Department of Veterans Affairs (VA) initiated a public campaign plan that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent transfer of educational benefits. g. A member must initially request to transfer benefits using the DOD TEB online database. The TEB online database was operational effective 29 June 2009. Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for VA access. The respective dependent must then submit an application for VA educational benefits, using a VA Form 22-1990e (Application for Family Member to Use Transferred Benefits). h. Changes to the amount of months allocated to dependents can be made at anytime, to include once a member leaves military service, provided the service member allocates at least 1 month of benefits prior to separation. If the service member allocates 0 months and subsequently leaves military service, he or she is not authorized to transfer unused benefits. 2. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states an eligible member is any member of the Armed Forces on or after 1 August 2009 who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill and: a. has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election; or b. has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or c. is or becomes retirement eligible during the period from 1 August 2009 through 1 August 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of Reserve service. ABCMR Record of Proceedings (cont) AR20180014872 2 1