IN THE CASE OF: BOARD DATE: 9 December 2020 DOCKET NUMBER: AR20200005291 APPLICANT REQUESTS: entitlement to Transfer Education Benefits (TEB) under the Post 9/11 G.I. Bill to his dependent child. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 24 July 2006 * DD Form 214 dated 1 April 2009 * Department of Veterans Affairs letter dated 27 November 2018 * Department of Veterans Affairs Certificate of Eligibility dated 23 August 2019 * VA Form 20-0998 (Your Rights to Seek Further Review of Our Decision) * Department of Veterans Affairs letter dated 6 February 2020 * Menlo College letter dated 11 February 2020 FACTS: 1. The applicant states that he has a Certificate of Eligibility for educational benefits. However, his records do not reflect an option to TEB. He contests that while he was out-processing the Army at Fort Lewis, WA he completed TEB documentation electing to transfer benefits to his son. Later that same year the Department of Defense (DoD) passed a resolution to allow for transferability of the post 9/11 G.I. Bill benefits. 2. A review of the applicant’s available service records reflects the following: a. On 9 September 1977 he enlisted in the United States Army Reserve (USAR) as a cadet. b. On 18 May 1979 he was commissioned in the USAR. c. On 20 June 2001 he received his Notification of Eligibility for Retired Pay at Age 60 (20-year letter). d. On 10 June 2009 (Order# 09-161-00003) he was transferred from the USAR into the Retired Reserve effective 1 June 2009. e. On 4 August 2016 (Order# C08697264) he was placed on the retired list effective 6 July 2016. 3. The applicant provides the following: a. DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 24 July 2006 reflective of 3 years 5 months and 29 days of active duty service during this period. b. DD Form 214 dated 1 April 2009 reflective of 1 year 2 months and 28 days of active duty service during this period. c. Department of Veterans Affairs letter dated 27 November 2018 reflective of his disability rating for 3 medical conditions. d. Department of Veterans Affairs Certificate of Eligibility dated 23 August 2019 reflective of his entitlement to educational benefits under the Post 9/11 G.I. Bill. e. VA Form 20-0998 (Your Rights to Seek Further Review of Our Decision) reflective of general information pertaining to his right to appeal the VA’s decision. f. Department of Veterans Affairs letter dated 6 February 2020 reflective of his receipt of notification concerning the denial of his claim for Post 9/11 G.I. Bill benefits due to the absence on an approved TEB entitlement within his records. g. Menlo College letter dated 11 February 2020 reflective of his son’s enrollment verification as a full-time student for the Spring of 2020 with an expected graduation in the Spring of 2024. 4. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, regulatory guidance and public law. The Board considered the applicant’s statement, his record of service, VA letter and documents provided by the applicant. Evidence in the record show on 10 June 2009 the applicant was transferred from the USAR into the Retired Reserve effective 1 June 2009. The applicant separated from military service prior to the implementation of TEB through public law. The Board agreed based on regulatory guidance and public law he is not eligible to transfer benefits, and the Board does not have the authority to make exceptions to public law. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XX XXX 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 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. Department of Defense Instruction (DoDI) Number 1341.13, dated 31 May 2013 (Transferability of Unused Education Benefits to Family Members) states that any service member on or after August 1, 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request to transfer that entitlement under this section, may transfer that entitlement provided he or she meets has at least 10 years of service in the military(active duty or Selected Reserve) and is precluded by either standard policy (Service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute. 4. Army Regulation 621-202 (Army Education incentives and Entitlements) states under paragraph 4–15 (Transferability of unused benefits to dependents) - Soldiers may elect to transfer their Post-9/11 GI Bill education benefits to their spouse, one or more of their children, or 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. Only dependents listed as eligible in the TEB website may receive the Post-9/11 GI Bill education benefit. TEB is neither an entitlement nor a transition benefit, but was specifically identified by statute as a tool for recruitment and retention of the career force. The ability to transfer the Post-9/11 GI Bill education benefit was created as a recruitment and retention incentive for additional service within the Uniformed Services. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200005291 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1