IN THE CASE OF: BOARD DATE: 8 September 2022 DOCKET NUMBER: AR20220003325 APPLICANT REQUESTS: to Transfer Education Benefits (TEB) under the Post 9/11 G.I. Bill to his dependent daughter. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Statement of Choice document, dated 15 October 2009 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 pertinent part that during his deployment, he requested online to change from the Montgomery G.I. Bill (MGIB) to the Post 9/11 and to TEB to his daughter. He contests that he submitted all required information online to include providing his daughters information. In response, he only received one piece of paper at his home of record which he was required to endorse and return. No further communication was received. When his daughter applied for educational benefits under the Post 9/11 G.I. Bill at her local college, she was advised that only he was entitled to education benefits. 3. A review of the applicant's available service records reflects the following. a. On 31 July 1986, the applicant enlisted in the Regular Army with automatic enrollment in the G.I. Bill. b. On 19 June 2000, the applicant reenlisted for an indefinite period. c. On 9 February 2004, the U.S. Army Human Resources Command (HRC) issued Orders Number 40-15 announcing the applicant's promotion to sergeant first class (SFC)/E-7, effective 1 March 2004. d. On 1 September 2008, the applicant was promoted to master sergeant (MSG)/ E-8. e. On 13 July 2012, the applicant voluntarily applied for retirement. DA Form 2339 (Application for Voluntary Retirement), item 23 indicates that that the applicant had not incurred an additional service obligation. f. On 28 August 2012, the applicant received pre-separation counseling. g. On 31 March 2013, the applicant was honorably released from active duty for retirement and transferred into the U.S. Army Reserve Control Group (Retired). At the time of separation, the applicant had completed 26 years and 8 months of Active Federal Service (AFS). 4. The applicant provides a Statement of Choice reflective of his election to relinquish his Veterans Affairs Education benefits under the MGIB to receive the Post 9/11 G.I. Bill on 15 October 2009. 5. On 10 June 2022, the HRC, Chief, Education Incentives Branch provided an advisory opinion recommending disapproval of the applicant's request citing that the TEB website reflects that the applicant did not submit a TEB request after it became available on 1 August 2009 or the 4-years after, prior to his retirement. The Defense Manpower Data Center (DMDC) was also contacted to determine if a TEB request was submitted by the applicant. The DMDC confirmed that the applicant accessed the TEB website on 2017 and 2021 (both after his retirement) but did not submit a TEB request. The Chief also noted that 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, and Department of Veterans Affairs (DVA) initiated a comprehensive public campaign plan that generated major communications through military, public, and social media venues on the Post 9/11 G.I. Bill and subsequent TEB. This information was available to the applicant prior to his retirement. 6. On 21 June 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 6 September 2022, the applicant had not responded. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. Based upon the available documentation, the findings and recommendation of the HRC advisory opinion and the lack of rebuttal of those findings and recommendation submitted by the applicant, the Board concluded there was insufficient evidence of an error or injustice warranting a change to the applicant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X 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, USC, 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 ABCMR determines it would be in the interest of justice to do so. 2. Public Law 110–252, dated 30 June 2008, authorized the Post-9/11 GI Bill which became effective 1 August 2009. Section 3319 of this law provides that 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. On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy provides that 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 and: 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, or b. Has at least 10 years of service in the Armed Forces on the date of election and cannot commit to 4 additional years due to a Retention Control Point (RCP) or Mandatory Retirement Date (MRD) must commit to serve for the maximum amount of time allowed by either RCP or MRD as of the date of request, regardless of the number of months transferred. 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 duty or 20 qualifying years of Reserve Component service. d. Soldier must also agree to serve the prescribed additional service obligation based on the time in service the Soldier had on 1 August 2009; a Soldier must have no adverse action flag and have an honorable discharge to transfer the benefits; 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 DOD 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) AR20220003325 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1