ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 June 2019 DOCKET NUMBER: AR20180016147 APPLICANT REQUESTS: 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) * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant states he is requesting reapproval of transfer of his 9/11 GI Bill benefits. He was told he had to complete four years of continued service after transferring his benefits but was unable to due to the Qualitative Management Program (QMP) process. He was given seven months prior to his discharge. Upon the notification of the QMP decision, he immediately transferred his benefits. His discharge was honorable after 16 years of service. He accepted the QMP decision knowing he put himself in the situation. He was told his 9/11 GI Bill benefits would be available to his dependents since his discharge was honorable. The applicant received his degree while serving in the Army and is formally requesting his dependents be allotted the rest of his benefits. After multiple overseas tours, training and countless hours dedicated to his country, he feels likes his children should be allowed to use his benefits since they also sacrificed during his 16 years of service. 2. A review of the applicant’s records shows: * 28 December 1999 – he enlisted in the Regular Army (RA) * 10 December 2015 – he received a letter from the Department of the Army showing he is authorized Separation Pay but does not qualify for enlistment or appointment in the Ready Reserves * 1 April 2016 – he was honorably discharged, narrative reason for separation was non-retention on active duty 3. On 30 April 2019 the Army Review Board Agency (ARBA) received an advisory opinion from the Department of the Army Human Resources Command Incentives Program Manager showing: * the applicant requests to waive the Post 9/11 GI Bill TEB service obligation * recommend denial of administrative relief based on the Post 9/11 GI Bill is an benefit to the service member, but the TEB is an retention incentive * on 8 October 2015 the applicant submitted a TEB request and his TEB request was approved on 9 October 2015 with a TEB service obligation end date on 7 October 2019 * on 14 July 2015 the applicant was selected by the Department of the Army Qualitative Management Program (QMP) board for a mandatory separation date of not later than 1 April 2016 * QMP is considered a quality tool identifying Soldiers for mandatory separation who had obtained a negative factor in their Army Military Human Resource Record * because QMP is a quality tool and not a force shaping initiative, the TEB service obligation cannot be waived when a Solider is separated or retires before the TEB obligation end date * on 14 October 2016 the applicant’s approved TEB request was rejected because he did not fulfill his TEB service obligation * on 1 August 2009 the applicant was eligible to submit a TEB request 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. Public law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits. Further, 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. 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. 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 applicant’s eligibility to transfer benefits prior to the time he did, his use of the benefits during his period of service and based on the date of his request, his inability to serve the required time for transferring them prior to separation. The Board concurred with the conclusions of the advising official and found insufficient evidence to support his requested correction. 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 :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. 6/25/2019 X X CHAIRPERSON X 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: 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. f. A Soldier 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 which is the first 90 days of the program. g. A Soldier must have initially requested to transfer benefits on the DOD TEB online database. The TEB online database was operational 29 June 2009. Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed electronically to the VA for their access. The respective dependent must then submit an application for VA educational benefits, VA Form 22- 1990e, to request to use the benefits.