IN THE CASE OF: BOARD DATE: 10 August 2021 DOCKET NUMBER: AR20200003377 APPLICANT REQUESTS: in effect, an exception to policy to transfer his educational benefits to his daughter in accordance with the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) 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 Army Board for Correction of Military Records (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: a. Since returning from deployments to Iraq and throughout the period served; he received information from the Department of Veterans Affairs (VA) he was unable to transfer his Post-9/11 GI Bill benefits to his daughter. He is unable to commit to additional years of service due to a heart attack and numerous surgeries. The VA recently rated him at 90 percent disabled. If knowing what had to be done while in uniform; he would have completed this matter year earlier. His daughter was too young once he returned from his first deployment and he is currently 54 years of age trying to complete this task. He humbly requests the opportunity to transfer his Post 911 GI Bill benefits to his daughter to assist in her medical nursing degree. b. He was informed during briefings of the opportunity to transfer his Post 911 GI Bill benefits to daughter at any time without an additional years of a service commitment. He contacted the TEB education section once he noticed he was unable to transfer the education benefits and was informed to contact the ABCMR. 3. The applicant provides his two DD Form 214 for the periods from 16 January 2003 to 16 December 2004 and from 17 March 2006 to 26 September 2008. 4. Review of the applicant’s service record shows: a. Having prior U.S. Navy (USN) enlisted service, he enlisted in the Colorado Army National Guard (COARNG) on 26 January 2002. He held military occupational specialties 31B (Military Police), 15P (Aviation Operations Specialist), and 12C (Bridge Crewmember). He extended his enlistment in the COARNG on 26 December 2002 for 3 years. b. He was ordered to active duty in support of Operation Enduring Freedom and entered active duty on 16 January 2003. He served in Iraq from 17 January 2003 to 14 February 2004. He was honorably released from active duty on 16 December 2004 and was transferred to a COARNG unit. His DD Form 214 shows he completed: * 1 year, 11 months, and 1 day of net active service * 2 years and 5 days of total prior active service * 5 years, 11 months, and 25 days of total prior inactive service * including 1 year and 28 days of foreign service c. He was ordered to active duty in support of Operation Iraqi Freedom and entered active duty on 17 March 2006. He served in Iraq from 17 August 2006 to 27 August 2007. He was honorably released from active duty on 26 September 2008 and was transferred to a COARNG unit. His DD Form 214 shows he completed: * 2 years, 6 months, and 10 days of net active service * 4 years and 16 days of total prior active service * 2 years, 1 month, and 10 days of total prior inactive service * including 1 year and 11 days of foreign service d. He again entered active duty on 12 December 2013. He was honorably released from active duty 17 August 2015 and was transferred to a COARNG unit. His DD Form 214 shows he completed: * 1 year, 8 months, and 2 days of net active service * 12 years and 10 days of total prior active service * 1 year, 10 months, and 15 days of total prior inactive service e. He interstate transferred to the Texas ARNG (TXARNG) on an unknown date. f. His National Guard Bureau Form 23A (ARNG Current Annual Statement), dated 24 October 2019, shows his status as: * DEP –25 October to 18 November 1985 * USN – 19 November 1985 to 23 November 1987 * Civilian Break – 24 November 1987 to 25 January 2002 * ARNG – 26 January 2002 to 15 January 2003 * Mobilized – 16 January 2003 to 16 December 2004 * ARNG – 17 December 2004 to 19 March 2006 * Mobilized – 20 March 2006 to 26 September 2008 * ARNG – 27 September to 14 December 2008 * AGR – 15 December 2008 to 17 August 2015 * ARNG – 18 August 2015 to 24 October 2019 * he was credited with 17 years and 29 days of creditable retired service g. Orders Number 0001142014.000, issued by the TXARNG on 26 April 2021, announced his reassignment to Retied Reserve and placement on the Permanent Disability Retired List, effective 23 March 2021. 5. Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits. The law 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. All benefits must be transferred before the Service Member separates or retires. All Soldiers who request TEB on or after 1 August 2013 will incur a 4-year service obligation regardless of time in service. The 4-year obligation incurred by TEB requests approved on or after 1 August 2013 begins on the TEB request date and must be served in the same Army component. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief is not warranted. The applicant’s contentions were carefully considered. Without taking into effect the alleged lack of knowledge to transfer education benefits prior to his retirement, the applicant is advised the requirement is embedded in public law. There is no evidence that shows he attempted to transfer education benefits during an eligible period of his service, and that the transfer was not processed and approved in a timely manner. The Board agreed they must adhere to this law. 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. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Public Law 110-252 limits the eligibility to transfer unused education benefits to those members of the Armed Forces who are serving on active duty or a member of the Selected Reserve on or after 1 August 2009. 3. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states 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 may transfer education benefits to eligible dependents. a. The Post 9/11 GI Bill is a benefit for the Soldier as a reward for service during a time of conflict. The option to transfer education benefits to a dependent is considered an incentive, not a benefit. The transfer incentive was included in the statute for the express purpose of recruitment and retention. It is neither a reward for service nor a transition benefit. Therefore, the incentive requires the Soldier to commit and fulfill additional service, in most cases, from the transfer of educational benefits (TEB) request date. b. Soldiers receive counseling on all GI Bills, including the Post 9/11 GI Bill benefit and the TEB incentive at various venues throughout the Soldier's career (in/out- processing at Education Centers, Commander's Calls), upon demobilization or release from active duty, and during the last year before separation or retirement (Soldier for Life-Transition Assistance Processing. Soldiers have had access to and received counseling on GI Bill benefits since 2002 on-line and in-person. c. The TEB incentive does not require a formal one-on-one counseling, group counseling. A Soldier acquires TEB eligibility and makes dependents eligible by awarding at least one month to the dependent via the TEB website and fulfilling the TEB service obligation (if applicable). d. The applicant should have obtained the TEB eligibility criteria through the DOD Directive-Type Memorandum 09-003 (dated 22 June 2009), the Department of the Army (DA) Post 911 GI Bill Policy Memorandum, DOD, Army, U.S. Army Human Resources Command, NGB/ARNG websites, and various briefings at the installation level. e. All of the TEB information available to Soldiers included the requirement to transfer while either in active duty or Selected Reserve status and the possible requirement to serve an additional service obligation. Specifically, the DA Post 9/11 GI Bill Policy Memorandum, stated, "For the purposes of transferability, Armed Forces include all active duty service and all Selected Reserve service regardless of branch of service or component." It also stated, "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." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003377 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1