IN THE CASE OF: . BOARD DATE: 29 October 2020 DOCKET NUMBER: AR20200000033 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) * Orders,dated 29 October * * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 28 December 2019 FACTS: 1. The applicant states he was not able to transfer his GI Bill benefits before his retirement initiated by the Army Medical Board. 2. A review of his official files shows on: a. 4 January 2010, the applicant enlisted in the Delayed Entry Program for a total of 8 years, of which 5 years and 18 weeks were to be served in the Regular Army. The applicant had the option to serve the remaining 2 years and 34 weeks in a Reserve Component. His rank at the time of enlistment was Private (PV2)/E-2. b. 12 August 2011, Orders, published by the Headquarters, Fort Bliss deployed him in support of Operation Enduring Freedom, Afghanistan with an effective date of 1 October 2011, not to exceed 365 days. c. 16 July 2019, the applicant’s request was disapproved for TEB due to insufficient retainability. d. 5 August 2019, a PEB convened and found the applicant physically unfit for Post- Traumatic Stress Disorder and recommended a rating of 50 percent and his disposition be temporary disability retirement. e. On 9 October 2019, he was further informed that his enrollment in IDES and the finding of being unfit for duty disqualified him for TEB. f. 29 October, Orders, published by Headquarters, 101st Airborne Division, Fort Campbell, released him from his assignment and duty because of physical disability and placed him on the Temporary Disability Retired List effective 28 December 2019. His retirement date was 29 December 2019 with a retired grade of specialist. g. 12 December 2019, A DD Form 214 showed his service on active duty from 19 October 2010 through 28 December 2019. Item 23 (Type of Separation) states “Retirement” and Item 28 (Narrative Reason for Separation) states “Disability, Temporary Enhanced” h. 2 October 2020, A DD Form 215 showed a correction of Item# 28 (Narrative Reason for Separation) states “Disability, Combat Related” 3. The applicant provides a copy of his DD Form 214, see 2(g) and discharge orders see 2(f). 4. Regulatory guidance is provided under REFERENCE: BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board noted the applicant was advised on two occasions that he was ineligible for TEB because he did not have sufficient retainability (i.e., he needed to be eligible to commit to an additional 4 years of active duty service) and on one occasion because of his enrollment in IDES and a finding of being unfit for continued service. The Board further noted that the decisions to deny his TEB request complied with the program's rules. The Board determined the denial of TEB for the applicant was not in error, unjust, or inequitable. ? 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. 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 (AR) 621-202 (Army Educational Incentives and Entitlements) provides guidance on TEB and instructions for Soldiers in the IDES (MEB/PEB) process: * a Soldier must request an ETP through their Career Counselor/Retention NCO and command leadership to extend or reenlist for the TEB 4-year service obligation * the ETP request must be sent to the Army G-1 Enlisted Professional Development Branch (Retention) for approval * the Soldier must have an approved ETP and extend or reenlist for the TEB four- year service obligation before the Soldier receives the PEB “unfit for duty” determination * upon medical disability separation/retirement, HRC will adjust the TEB service obligation from the four-year service obligation to the medical disability separation/retirement effective date 2. Army Regulation (AR) 621-202 (Army Educational Incentives and Entitlements) under Chapter 4, paragraph 15 (Transferability of unused benefits to dependents) provides a combination of spouse and children through the TEB website in the milConnect portal at https://www.dmdc.osd.mil/mil-connect or http://milconnect.dmdc.mil. a. Soldiers must be eligible for Post-9/11 GI Bill benefits and not be serving under a suspension of favorable personnel actions in accordance with AR 600–8–2, at the time of the Soldier’s request to transfer education benefits. A flag is an action that would prevent a Soldier from being promoted or retained in the Service, including failure to maintain height and weight standards and passing the APFT b. Have at least 6 years of eligible service (qualifying active duty or SELRES) in the Armed Forces on the date of election and agree to serve four additional years from the date of request, regardless of the number of months transferred. Soldiers who are not eligible to commit to 4 additional years of service from the TEB request date are not eligible to transfer benefits c. Soldiers with at least 6 years of eligible service who have not yet transferred benefits and are enrolled in the Integrated Disability Evaluation System (IDES), which includes Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB), must be found “fit for duty” and commit to four years from the TEB request date in order to be approved for TEB. d. Soldiers must use the TEB website in the milConnect portal at https://www.dmdc.osd.mil/milconnect or http://milconnect.dmdc.mil to request, modify, or revoke transferred benefits. Dependents must be enrolled in the Defense Eligibility Enrollment Reporting System (DEERS) and reflect as eligible in the TEB website at the time of transfer in order to receive TEB. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000033 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1