ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF 
PROCEEDINGS IN THE CASE OF:   
BOARD DATE: 23 November 2021 DOCKET NUMBER: AR20210007180 
APPLICANT REQUESTS: in effect, correction to his record to show he elected to have Post 9/11GI Bill Transfer of Education Benefits (TEB) transferred to his son, C-, and his daughter C-. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record) 
FACTS: 
1. 
The applicant did not file within the three-year time frame provided in Title 10, U.S. Code (USC), 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 in effect 


a. 
He would like to have the ability to transfer his Post 9/11 GI Bill to his following dependents: C (son) and C- (daughter). 

b. 
He transferred his GI Bill benefits to his children in 2009, while he was deployed to Iraq. He was instructed by the S-1 to just list all of his children. At the time, he was not instructed to put a percentage for every child, so he put 100 percent on his eldest son C-. His eldest son is now joining the military and he would now like to transfer his benefits to his other children. 


3. The applicant's service record shows: 
a. On 7 June 1985, the applicant enlisted in the Regular Army. 
b. 
On 22 May 1993, he accepted his oath of office and appointment as a Reserve commissioned officer. 

c. 
On 20 May 2005, he accepted his oath of office and was appointed as a commissioned officer in the Regular Army, Nurse Corps. 

d. 
DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 December 2013, reflects was retired due to sufficient service for retirement. It also shows in item 18 (Remarks) the following information: 

. 
Service in Afghanistan – 19 October 2001 – 21 April 2002; 15 September 2010 – 24 December 2010 

. 
Service in Iraq – 26 March 2003 – 8 March 2004; 8 December 2008 – 28 November 2009 




4. 
The applicant does not provide any supporting documentation in support of his request. 

5. 
On 10 May 2021, in the processing of this case, an advisory opinion was obtained from the U.S. Army Human Resources Command (HRC), Chief, Education Incentives Branch. The advisory official recommending denying the applicant’s request. HRC states: 


a. 
Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits. Further, section 3020 Public Law 110-252, 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, have at least six years in Active Duty or Selected Reserve status and no current negative action flag, commit to the service obligation, and transfer benefits to the dependents through the TEB website, http://milconnect.dmdc.mil. All benefits must be transferred before the Service Member separates or retires. 

b. 
Because the applicant had not transferred at least one month to his other dependents before retiring (he only transferred his educational benefits to his eldest son), he cannot make these dependents eligible for TEB while in retired status per Title 10, USC, section 3319(f)(1). Changes to the number of months allocated to dependents can be made at any time, to include once you leave military service, provided the Soldier allocates at least one month of benefits to the respective dependent prior to separation or retirement. If the Soldier fails to transfer at least one month to a dependent, the Soldier may not transfer to that dependent after leaving military service. 

c. 
A Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless they left the service during the implementation phase (first 90 days) of the program. The Army, Department of Defense (DOD), and Department of Veterans Affairs (VA) initiated a comprehensive public campaign plan that generated major communications through military, public, and social media venues on the Post 9/11 GI Bill and subsequent transfer of education benefits. This information was available to the applicant prior to his retirement effective 31 December 2013. 


6. The advisory opinion was provided to the applicant for an opportunity to respond. He did not respond. 
BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board found that relief was warranted. Board members are aware that the law establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits. They are also aware that because the applicant had not transferred at least one month to his other dependents before retiring (he only transferred his educational benefits to his eldest son), he cannot make these dependents eligible for TEB while in retired status per Title 10, USC, section 3319(f)(1). If the Soldier fails to transfer at least one month to a dependent, the Soldier may not transfer to that dependent after leaving military service. However, notwithstanding the HRC advisory opinion, the applicant has more than one child and he already has an approved TEB. There is no harm to the applicant, the Army or the VA if the benefits are reallocated among his children. From an equity standpoint, Board members voted to grant relief. 
BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 
XX: XX XX: 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 by showing the applicant allocated at least one month of Post 9/11 GI Bill education benefits to each of his eligible family members prior to his retirement, and the Army approved his request to transfer his Post-9/11 GI Bill benefits to his eligible family member prior to his retirement, provided all other program eligibility criteria are met. 

X 
CHAIRPERSON 
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, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 

2. 
Public Law 110-252 establishes legal limitations on the transferability of unused Post-9/11 GI Bill benefits. Further, Public Law 110-252, section 3020, 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. Although significant measures were taken to disseminate the information to all Soldiers within all Army components during the initial phase of the program, many Soldiers who left the service during the first 90 days of the program were not fully aware of the requirement to transfer benefits prior to leaving military service. A Soldier must currently 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 (emphasis added). 

3. 
 Public Law 110-252, as amended by Public Law 111-377, identified the qualifications to receive the Post-9/11 GI Bill, one of which was that the service member must have performed active service on or after 11 September 2001, in order to be eligible for the Post-9/11 GI Bill. Public Law 110-252 established legal requirements on the transferability of unused benefits to those members of the Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. 

4. 
On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy limits the entitlement to transfer education benefits to any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of his or her request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill. 


a. 
Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election. 

b. 
Has at least 10 years of service in the Armed Forces (active duty and/or service in the Selected Reserve) on the date of election, 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. 

. 
for those individuals eligible for retirement on 1 August 2009, no additional service is required 

. 
for those individuals who have an approved retirement date after 1 August 2009, and before 1 July 2010, no additional service is required 

. 
for those individuals eligible for retirement after 1 August 2009, and before 1 August 2010, 1 year of additional service after approval of transfer is required 

. 
for those individuals eligible for retirement on or after 1 August 2010, and before 1 August 2011, 2 years of additional service after approval of transfer are required 



c. 
Is or becomes retirement eligible during the period from 1 August 2009 through 1 August 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active service or 20 qualifying years of Reserve service. 


5. Army Regulation 621-202 (Army Educational Incentives and Entitlements), paragraph 4–15 states that 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 www.dmdc.osd.mil/mil-connect or 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. Soldiers may increase, decrease, or revoke months to an eligible dependent at any time as long as at least one month is transferred to the dependent before the Soldier leaves the Armed Forces. Once a Soldier leaves service, the Soldier may not transfer benefits to dependents who had not received at least one month while the Soldier was on active duty or in the Selected Reserve. 
//NOTHING FOLLOWS//