IN THE CASE OF:  

		BOARD DATE:  2 March 2021

		DOCKET NUMBER:  AR20200010136


APPLICANT REQUESTS: correction of his record to show he made a timely election to 
transfer his unused education benefits to his spouse and dependents, in accordance 
with the Transfer of Education Benefits (TEB) provisions of the Post-9/11 GI Bill. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on
	13 November 2005
*	National Guard Bureau (NGB) Form 22 (Report of Separation and Record of 
Service), ending on 31 May 2019
*	NGB Form 23A (Army National Guard (ARNG) Current Annual Statement)

FACTS:

1.  The applicant states, he was not counseled on changes made to educational 
benefits from 2009-2013. He deployed in 2005. The TEB would have been transferred 
in 2009-2013 with no service obligation. His TEB was confirmed online at the time of 
transfer, and he is petitioning to correct the records so that his spouse and dependents 
can keep the benefits transferred to them and not be deprived. He reached his 
mandatory removal date on 31 May 2019, and was not extended to meet the four-year 
service obligation. He has served honorably for 32 years.

2.  On 10 May 1987, the applicant was appointed as a Reserve commissioned officer 
and executed an oath of office.

3.  DD Form 214, ending on 13 November 2005, shows the applicant was ordered to 
active duty and served in Iraq in support of Operation Iraqi Freedom from 
13 August 2005 to 25 October 2005.

4.  Orders Number 177-1032, issued by the Joint Forces Headquarters, Latham, NY, 
honorably released the applicant from the ARNG by reason of maximum authorized 
years of service.

5.  NGB Form 22, ending on 31 May 2019, shows the applicant was honorably released 
from the ARNG and transferred to the retired Reserve. He completed 32 years and  
20 days of net service

6.  The applicant provides NGB Form 23A showing he completed 32 years of creditable 
service for retired pay. 

BOARD DISCUSSION:

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

2.  Given the wide-spread initial system failures with TEB applications and 
documentation supporting his contention, the Board determined that granting his 
request was warranted. 

?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XXX	:XXX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  That his record to show he made a timely election to transfer his unused education 
benefits to his spouse and dependents

  


		  
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.


?
REFERENCE:

Public Law 110-252 limits the eligibility to transfer unused benefits to those members of 
the Armed Forces who are serving on active duty or a member of the Selected Reserve.  

	a.  A Soldier must be on active duty or a member of the Selected Reserve at the 
time of transfer of educational benefits to his or her dependent on or after 
1 August 2009.  

	b.  A Soldier must have at least 6 years of eligible service in order to transfer 
educational benefits to a spouse and at least 10 years of eligible service to transfer to 
eligible children.  

	c.  A Soldier must also agree to serve the prescribed additional service obligation 
based on the time in service the Soldier had on 1 August 2009.  

	d.  A Soldier should not be granted relief based on unawareness of the law, program 
rules, or procedures unless he or she left the service during the implementation phase 
which is the first 90 days of the program.  

	e.  A Soldier must have initially requested to transfer benefits on the Department of 
Defense TEB online database. The TEB online database was operational 
29 June 2009. Once approved in the TEB online database by the Soldier's service, the 
approval information is automatically relayed electronically to the Veterans Affairs for 
their access.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200010136


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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