IN THE CASE OF: BOARD DATE: 30 September 2022 DOCKET NUMBER: AR20220000727 APPLICANT REQUESTS: exception to transfer Post 9/11 GI Bill benefits to his step- daughter under the Transfer of Education Benefits (TEB). 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) * U.S. Army Reserve Discharge orders * DA Form 5016 (Chronological Statement of Retirement Points FACTS: 1. The applicant states he requests a change to his GI Bill eligibility for his step- daughter. a. He had his wife listed as receiving 36 months of benefits in MilConnect because his children were under 18 and the online system did not allow for him to transfer to them, however, he had them all listed. Unfortunately, when he was separated on 1 September 2021 and his step-daughter turned 18 on 23 September 2021, he went into MilConnect to transfer his GI Bill benefits from his wife to his step-daughter (who has been in DEERS since 2009 as his dependent.) When the system would not let him transfer, he wrote to the U.S. Army Human Resources Command and received the below message. He had no idea that he couldn't transfer eligibility "A check of the MilConnect website indicates that after you were approved for TEB on 1 October 2009 you transferred benefits to your spouse only. Initially, 24 months, which were increased to 36 months on 24 May 2019 using your log- in information. At no point were any benefits transferred to your children. Public Law 110-252, which created TEB on 20 June 2008 and implemented it on 1 August 2009, stipulates that a Service Member cannot transfer benefits to a “new” dependent (one that has not received at least one month of benefits prior to the Soldier’s separation/ retirement) after separation/retirement. Your record indicates that you were discharged from the United States Army Reserve on 1 September 2021. This makes your stepdaughter and your other children ineligible to received benefits." b. He was told by his career counselor that as long as he put dependents into the MilConnect system and they were in DEERS, they were eligible to be transferred to/from. Now that he is separated, he can't transfer those benefits between his dependents in the system. He believes this is unjust and that a reasonable person would not know that one can't transfer benefits between dependents after they separate or retire. He is not sure that policy benefits anyone, especially not the Soldier and families. He has earned these benefits through blood, sweat and tears, and they are due each of his family members. Why wouldn't one be able to transfer them seamlessly between dependents? He hopes the Army is a little more forthcoming on what steps need to be taken prior to separation because he received no communication on losing that flexibility. Perhaps that is because he was separated from the IRR (Individual Ready Reserve) and not in an active duty, reserve, or guard unit where that would be explained. 2. The applicant enlisted in the U.S. Army Reserve on 9 January 1998. He was commissioned through the Reserve Officer’s Training Corps program and was appointed on 6 August 2001. 3. He served in the U.S. Army Reserve and the Army National Guard, in a variety of assignments, including mobilizations (January 2002 to January 2006, January 2009 to October 2010, and October 2014 to September 2015). He attained the rank of major. 4. He was honorably discharged from the USAR on 1 September 2021 after having completed 12 years, 1 month, and 14 days of qualifying service towards non-regular retirement. 5. The U.S. Army Human Resources Command rendered an advisory opinion on 13 June 202 in the processing of this case. An advisory official recommended disapproval of his request to transfer Post 9/11 GI Bill education benefits. The advisory official stated: a. Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits. Further, § 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 Transfer of Education Benefits (TEB) website, http://milconnect.dmdc.mil. All benefits must be transferred before the Service Member separates or retires. b. The HRC advisory official stated their office does not recommend administrative relief based on the following: (1) On 17 September 2009, [Applicant] initially requested the transfer of 24 months of benefits. He later increased the allocation to 36 months (later revoked after discharge) to (Spouse), but not to other dependents: (Child; Date of Birth:, , (Ward; Date of Birth:). His TEB request was approved on 17 September 2009, by his Army Career Counselor with a TEB service obligation until 17 September 2013 (he had a 4-year TEB service obligation). He has fulfilled his required TEB service obligation. The applicant did not transfer to any other dependent before his voluntary transfer to the Individual Ready Reserve (IRR) on 1 January 2014. (2) Because the applicant hadn’t transferred at least one month to his other dependents before separating, he cannot make these dependents eligible for TEB while in separated status per 10 U.S.C. §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, 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 Mr. Gilfillan prior to his transfer to the IRR on 1 January 2014. d. The applicant’s military service may make his dependents eligible for other types of assistance. HRC has enclosed a document containing numerous agencies that may assist. Additionally, the Post 9/11 GI Bill benefits are still available to the applicant. e. It is noted that if relief is granted, (Ward; Date of Birth:) will be ineligible for the VA to make TEB payments due to status as a Ward at the time of the applicant entering IRR for a second time on 4 January 2017 (Wards only became eligible for TEB on/after 5 January 2021 due to Public Law 116-315, Section 1011 for Service Members in Active Duty or Selected Reserve status), and due to Ward being age 26 or order. 6. The applicant responded to the advisory opinion and stated: a. His family has served for three consecutive generations, and he was hoping for a fourth, but today he received a letter in the mail recommending disapproval of his request to transfer benefits to his daughter, for her to attend the University of Texas in the Fall of this year, and he can't honestly recommend service to any of his children if they are going to be treated like this as an Army veteran. b. He earned his GI Bill benefits by serving in OIF (Operation Iraqi Freedom) for 15 months with no days off, suffering from PTSD (post-traumatic stress disorder) diagnosed through the VA, losing dozens of close friends and colleagues, and taking medications for the rest of his life. Yet, he was shocked and unaware that he had to transfer at least one month of GI Bill eligibility to his daughter before he separated. He honestly had no idea. Not one time was he made aware while on active duty, reserve duty, or as a Veteran. c. He has a master’s degree. He is an executive at a multi-billion dollar public company. He is not an idiot. Why don't others trust him? That he had no idea and that it was an honest mistake? Why would one take away a benefit that he earned and that will cost his family $100,000??? That's just uncalled for, cold, and mean. Totally unnecessary. This is a partnership. The Army helped him get ahead in life, he gave the Army 12 years in 20 years of his life back in service. The Army and the VA give him benefits. This is a partnership. “You don't treat people like sh*t in a partnership. Like they don't matter.” d. The denial is going to cost him and his children $100,000 and the way it was delivered so coldly and emotionlessly gives him chills. Does the Army care about Soldiers? Is it really "Soldiers for Life?" If it was, the Army would never treat someone like that. When he enlisted in 1998, there was the old Montgomery GI Bill. Then 10 years later, they came out with the new GI Bill. Apologies for being confused about what is in both. He served and qualified for both GI Bills. That said, depending on the Board’s response, he will never recommend the Army to another person as long as he lives. Do we live by the motto, "Soldier for Life"? Do we "take care of Soldiers"? Let's see. 7. By law (PL 110-252, § 3020) all benefits must be transferred before the service member separates or retires. Changes to the number of months allocated to dependents can be made at any time, to include once a member leaves 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. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was/was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board reviewed and agreed with the HRC advisory opinion that the applicant did not transfer to any other dependent before his voluntary transfer to the Individual Ready Reserve (IRR) on 1 January 2014. Because the applicant hadn’t transferred at least one month to his other dependents before separating, he cannot make these dependents eligible for TEB while in separated status per 10 U.S.C. §3319(f)(1). By law, changes to the number of months allocated to dependents can be made at any time, to include once the member leaves military service, provided the Soldier allocates at least one month of benefits to the respective dependent prior to their 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. 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.1. 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: Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits. Further, § 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 Transfer of Education Benefits (TEB) website, http://milconnect.dmdc.mil. All benefits must be transferred before the Service Member separates or retires. Changes to the number of months allocated to dependents can be made at any time, to include once a service member leaves 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000727 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1