IN THE CASE OF:  

		BOARD DATE:  27 August 2020

		DOCKET NUMBER:  AR20190015113


APPLICANT REQUESTS: to modify Post 9/11 GI Bill Transfer of Education Benefits 
(TEB) from his spouse to his daughter.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	4 DD Forms 214 (Certificate of Release or Discharge From Active Duty),                                 
     dated 5 December 1984, 15 September 1998, 20 October 2005,  and     
     8 September 2010 
*	Orders 15-278-00005, dated 5 October 2015
*	TEB print out, dated 11 October 2019

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the ABCMR conducted a substantive review of 
this case and determined it is in the interest of justice to excuse the applicant's failure to 
timely file.

2.  The applicant states he is requesting his Post 9/11 GI Bill TEB be modified to allow 
the benefits be used for his daughter instead of his wife.  In 2011, he mistakenly 
allocated all monthly benefits to his wife, who at the time already had a Master’s 
Degree.  He feels it was an oversight on his part.  He feels there are reasons for the 
rules; however, he doesn’t believe the punitive and stringent requirements were 
explained as thoroughly as they could have been to service members.  He was 
surprised the automated education benefit transfer record reflects the status for his 
family and he almost wonders if somehow the system automatically made this election.  
Any help in correcting this would be a benefit to his family who has suffered due to 
demands of military service and deployments.  His daughter has suffered with lasting 
adverse effects from absence and his nervous hyper vigilance.  The applicant feels his 
daughter deserves more from him and this benefit would help her future as she 
prepares for higher education.  He put himself through college without financial help 
from the Department of Veterans Affairs with over 30 years of service.  He would 
appreciate ARBA’s consideration and work on this case.  As he stated before, he made 
the mistake himself; however, he believes the rules of transfer for the Chapter 33 
Montgomery GI Bill may not have been explained as thoroughly as maybe they could 
have been, especially considering the strict requirements of time periods of service. 

3.  A review of the applicant’s official record shows:

   a.	On 4 October 1987, he reenlisted in the US Army Reserve for a period of 6 years 
in the rank of Specialist (SPC)/E-4.  In conjunction with the DD Form 4 
(Enlistment/Reenlistment document), he signed a DA Form 4824-R (Addendum to 
Certificate and Acknowledgement of Service Requirements for all Personnel Applying 
for Participation in the Reserve Officer Training Corps (ROTC)/Simultaneous 
Membership Program).

   b.	On 17 December 1994 he was appointed as a Reserve Commissioned Officer in 
the United States Army in the grade of Second Lieutenant, and he executed the oath of 
office (DA Form 71 (Oath of Office – Military Personnel).

     c.  On 12 December 2005, a Memorandum for Record – Notification of Eligibility for 
Retired Pay at Non-Regular Retirement (20-Year Letter) is reflective of his completion of 
the required years of qualifying Reserve service to be eligible for retired pay upon 
application at age 60. 

d.	On 1 October 2012, he was honorably separated from the Army National Guard                                      
and assigned to the USAR Control Group (Reinforcement) (Orders 222-813).
   
   e.	On 1 October 2012, his NGB Form 22 (Report of Separation and Record of 
Service) is reflective of his service in the National Guard Item# 10 (Record of Service) 
(d) (Total Service for Pay) – 30 years, 9 months and 21 days and Item# 23 (Authority 
and Reason) states “NGR 635-100 5a (3) Resignation.” 
   
   f.	His Chronological Statement of Retirement Points shows he has 30 years,                              
9 months, and 28 days of time qualifying for retirement and total creditable points of 
5,243.  His beginning date of service was 11 December 1981.

4.  The applicant provides a TEB print out, dated 11 October 2019, which reflects his 
spouse being eligible for 36 months of education benefits with an effective date of 
29 March 2011.  His daughter shows she did not have months transferred to her. He 
highlighted under Transferability of Education Benefits Acknowledgements where it 
states (b) “I understand I may transfer up to 36 months (or my remaining months of 
eligibility, whichever is less) of my education benefits to spouse and/or children, and can 
modify or revoke my election at any time.”

5.  See REFERENCES below.  ?
BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is warranted.

2.  The Board noted the applicant had already been approved for TEB for his spouse, 
and simply neglected to transfer any months to his daughter.  As he is already approved 
for TEB, the Board determined the evidence supports correcting his record to show he 
also allotted one month to his daughter concurrent with his election to allot months to 
his spouse.  Correcting the record to show he allotted one month to his daughter prior to 
leaving an active status will give him the ability to adjust the number of months he 
wishes to allot to her going forward.  

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 to show that, concurrent with 
his election to transfer his Post-9/11 GI Bill education benefits to his spouse, he also 
elected to transfer one month to his daughter.  

		  
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.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

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. 

3.  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.  Under Time for Transfer, Revocation, 
and Modification, it states:

     a.  Time for Transfer. A Soldier 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.

     b.  Modification or Revocation.

(1)	 A Soldier transferring entitlement under this section may, while a member of 
the Armed Forces, modify or revoke at any time the transfer of any unused portion of 
the entitlement so transferred.

(2)	 A Soldier, while a member of the Armed Forces, may add new dependents,
modify entitlement for existing dependents, or revoke entitlement while serving in the
Armed Forces.

(3)	 A Veteran may modify entitlement or revoke entitlement among only those
dependents that were designated to receive transferred benefits prior to separating from
the Armed Forces. Veterans who transferred entitlement prior to separating or retiring
from the Armed Forces may not add new dependents after separation or retirement.

(4)	The modification or revocation of the transfer of entitlement under this 
paragraph shall be made by submitting notice of the action to both the Army via the TEB 
website and the Secretary of Veterans Affairs as determined by the DVA. After 
separation or retirement, modifications or revocations must be done by submitting 
notice to the DVA only.

     c. Additional Administrative Matters.  The use of any entitlement to educational 
assistance transferred will be charged against the entitlement of the Soldier making the 
transfer at the rate of one month for each month of transferred entitlement that is used.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190015113


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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