ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  17 August 2020 DOCKET NUMBER:  AR20190014994 


APPLICANT REQUESTS:  Transfer of Education Benefits (TEB) under the Post 9-11 GI Bill to his dependents. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record) 

FACTS: 







1.The applicant did not file within the three year time frame provided in Title 10,U.S. Code, section 1552 (b); however, the Army Board for Correction of MilitaryRecords conducted a substantive review of this case and determined it is in the interestof justice to excuse the applicant's failure to timely file.2.The applicant states in September 2010, with the assistance of benefits/retirementcounselors, he believes he transferred his post 9-11 GI Bill benefits to his six children.They did this on line with a counselor guiding him through the process.  There is noapparent record of this application for transfer.  To date, he cannot confirm that his Post9/11 GI Bill benefits exist.  Telephone calls to different agencies end in a repeating loopof calling the other agencies with no indication the benefit exists and no resolution.  Heassumed the TEB he applied for in September 2010 were valid for 15 years and he planned to use those benefits for his youngest child.  Upon application to theDepartment of Veterans Affairs (VA), they discovered the benefit to not be available.3.The applicant’s available service records contain the following documents for theBoard's consideration:a.A memorandum from US Army Reserve Components Personnel andAdministration Center, dated 5 June 1985, which appointed the applicant as a reserve commissioned officer in the grade of Second Lieutenant. 



b.A DD Form 220 (Active Duty Report), dated 10 July 1985, which shows theapplicant entered military service on 10 April 1985 at West Point.  He entered active duty on 8 July 1985.   















c.A DA Form 71 (Oath of Office - Military Personnel), which shows the applicanttook the oath of office in the Regular Army Medical Corps on 20 May 1989 in the rank of Captain. d.Orders 176-0101, published by Headquarters, US Army Garrison, Fort SamHouston, dated 25 June 2010, which places the applicant on the retired list on     1 October 2010.  The applicant had 21 years, 5 months, and 11 days of service towardretirement and 25 years, 2 months and 24 days of service for retirement pay.   e.The applicant's Officer Record Brief, dated 5 August 2010, shows the applicantwas a student on 20 June 1989 and was on continuous active duty until his retirement on 30 September 2010.   f.A DD Form 214 (Certificate of Release or Discharge from Active Duty), whichshows the applicant retired on 30 September 2010 with 21 years, 4  months, and 11 days of Active Duty Service.   







4.The applicant's service records are void of information regarding TEB of hisPost 9-11 GI Bill.5.The applicant did not provide documentation for the Board's consideration.6.An advisory opinion from the Chief, Education Incentives Branch stated in part thefirst years after the (Title 38, United States Code (USC) Section 3301-3324, Post 9/11Education Assistances) law was passed, many Soldiers reported that they did notunderstand the process and there was no uniform practice in place to get pertinentinformation to the service members.  The ARNG, DOD, and the VA initiated a massivepublic campaign plan that generated major communications through military, public, andsocial media venues on the Post 9-11 G.I. Bill and subsequent transfer of educationbenefits.  Although significant measures were taken to disseminate the information to allSoldiers during the initial phase of the program, many Soldiers were not fully aware ofthe requirement to transfer prior to leaving military service.  The advising official foundno record of the applicant applying for TEB during the period of his active service.7.See applicable regulatory guidance below under REFERENCES.

BOARD DISCUSSION: 

After reviewing the application and all supporting documents, the Board found insufficient evidence to grant relief.  The board found that the applicant had numerous avenues to obtain information about the transfer of Post 9/11 GI Bill Education Benefits (TEB), that the TEB is a retention/recruiting incentive, not an entitlement, and that the applicant should have elected transfer while on active duty and completed the required 
active duty service obligation before his retirement on 30 September 2010.  Therefore the Board found no basis on which to grant relief. 

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XX :XX :XX 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. 


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. 



REFERENCES: 

1.Army Regulation  600-8-22 (Military Awards) states the Purple Heart is awarded for awound sustained in action against an enemy or as a result of hostile action.Substantiating evidence must be provided to verify that the wound was the result ofhostile action, the wound must have required medical treatment from medicalpersonnel, and the medical treatment must have been made a matter of official record.

2.Public Law 110-252 section 3319 (Authority to Transfer Unused Education Benefitsto Family Members) states that an individual transferring an entitlement to educationalassistance under this section shall designate the dependent or dependents to whomsuch entitlement is being transferred, designate the number of months of suchentitlement to be transferred to each such dependent and specify the period for whichthe transfer shall be effective for each dependent.  An individual approved to transferentitlement to educational assistance under this section may transfer such entitlementonly while serving as a member of the armed forces when the transfer is executed.



3.On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy thatidentified and established responsibilities, eligibility criteria, benefits, and detailedguidance on the administration of the program.

a.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. 

b.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 if 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. 
 
      (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. Use which ever computation 
establishes 20 years regardless of which component the Soldier is in at the time of 
electing to transfer benefits. (See Table 1) 
 
. Soldiers eligible for retirement on or before 1 August 2009, no additional service is required 

. Soldiers with an approved retirement date on or after 1 September 2009, but on or before 1 June 2010, no additional service requirement 

. Soldiers who attain 20 years of service on or after 2 August 2009 and before              2 August 2010, one year of additional service from the date of request is required 

. Soldiers who attain 20 years of service on or after 2 August 2010 and before                   2 August 2011, two years of additional service from the date of request are required 


 
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