IN THE CASE OF: 

		BOARD DATE:  25 February 2022

		DOCKET NUMBER: AR20210010912


APPLICANT REQUESTS:  on behalf of her husband, a Former Service Member (FSM):

*	Transfer of Education Benefits (TEB) for use by his dependent children
*	A personal appearance before the Board

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 
30 April 2015
*	State , Certificate of Marriage, dated 25 August 1995
*	Department of Health and Human Services, Certificate of Death, 
dated 27 September 2019

FACTS:

1.  The applicant states that the FSM unexpectedly passed away on
19 September 2019 leaving his unused GI Bill benefits still assigned to his name. 
Before he retired, he transferred one month of his GI Bill to her and each of his children 
with the intention to transfer the remainder to his children as needed. Their daughters 
are currently in college and are in desperate need of this benefit to complete their 
education. Without the transfer, the FSM's daughters may not be able to complete their 
education due to funding.

2.  The FSM's service record shows:

	a.  On 4 September 1992, the FSM enlisted in the Regular Army. He served 
continuously until his length of service retirement. DA Form 3286-67 (Statement of 
Understanding-Army Policy) shows the FSM enlisted for the Montgomery GI Bill (MGIB) 
education incentive.

   b.  DD Form 2366 (Veterans' Educational Assistance Act of 1984 (New GI Bill), 
dated 9 September 1992, shows the FSM enrolled in the New GI Bill. The FSM had to 
complete three years of active duty service before receipt of entitlement to $300.00 per 
month for 36-months.

	c.  DD Form 214, ending on 30 April 2015, shows the FSM was retired from active 
duty by reason of sufficient service.

3.  The applicant provides:

   a.  State Certificate of Marriage, dated 25 August 1995, showing she 
married the FSM in Fredrick County.

   b.  Department of Health and Human Services, Certificate of Death, 
dated 27 September 2019, showing the FSM passed away on 19 September 2019 and 
the applicant was the informant.

4.  In the processing of this case, an advisory opinion was obtained from the U.S. Army 
Human Resources Command (HRC) Chief, Education Incentives Branch on 
15 November 2021. The advisory official opined he recommended approval of the 
applicant's request. It states in pertinent part:

	a.  The FSM unexpectedly passed away on 19 September 2019. The passing of 
Public Law 115-48, Section 110 (Colmery Act) or the Forever GI Bill changed Title 
38 USC, Section 3319(f)(1) (Time of Transfer) to allow:

		(1)  Dependents of deceased service member or Veterans to transfer the 
dependent's unused TEB months to another dependent.

		(2)  Service members or Veterans to transfer the unused TEB months of the 
deceased dependent to another dependent.

	b.  The FSM submitted a TEB request on 22 September 2010. His Career Counselor 
approved the TEB request on 24 September 2010 with a TEB service obligation of 
22 September 2014. The FSM transferred one month to (spouse), one month to (child born on 26 August 2002),
and one month to (child born on 11 August 1999). The FSM fulfilled the TEB service obligation before 
retiring on 30 April 2015. By transferring at least one month to his dependents, the FSM 
established the eligibility conditions for a future modification per the revision of 
Public Law 115-48, Section 110.

	c.  Given the above information, recommend authorizing one of the three Courses of 
Action (COA). COA 1 provides the least impact to the grieving family.

		(1)  COA 1 – Distribute the FSM's Post GI Bill education benefits equally between  and .

		(2)  COA 2 – Distribute the FSM's Post GI Bill education benefits equally between 
his dependents:  12 months to , 12 months to , and 12 months to .

		(3)  COA 3 – Distribute the remaining months of the FSM's Post GI Bill education 
benefits to his next of kin, .

5.  The advisory opinion was provided to the applicant to afford her the opportunity to 
respond to its content. She did not respond.

BOARD DISCUSSION:

1.  The applicant's request for a personal appearance hearing was carefully considered.  
In this case, the evidence of record was sufficient to render a fair and equitable 
decision.  As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.

2. After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was warranted. The applicant's 
contentions, the military record, an advisory opinion, and regulatory guidance were 
carefully considered.  The Board concurred with the advising official’s recommendation 
to grant relief based upon the circumstances. The applicant requested to provide the 
benefit to their daughters. Therefore, the Board agreed distributing the remaining benefit 
equally amongst the children would be a sufficient course of action if the applicant did 
not use the other 33 months that were not allocated.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	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 FSM filed 
and the Army approved, in a timely manner, his application to modify the allocation of 
his unused education benefits equally between his daughters, in accordance with the 
Transfer of Education Benefits provisions of the Post-9/11 GI Bill. This correction does 
not affect any portion of the benefit already used (if used) by the applicant.


		  
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.  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.

2.  On 22 June 2009, the Department of Defense (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.

	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.

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