IN THE CASE OF BOARD DATE: 14 February 2023 DOCKET NUMBER: AR20220003404 APPLICANT REQUESTS: * To change his Transfer of Education Benefits (TEB) Obligation End Date (OED) to the date of his retirement. * A personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Guard Bureau (NGB) Form 23B (Army National Guard (ARNG) Current Annual Statement), 17 April 2015 * National Guard Bureau (NGB) Form 23A1 (ARNG Retirement Points Statement Supplemental Detailed Report), 30 September 2015 * NGB Form 23B, 30 September 2015 * Joint Forces Headquarters, District of Columbia National Guard Memorandum, Subject: Notification of Eligibility for Retired Pay for Non-Regular Service (20 Years), 30 September 2015 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), Section 1552(b) [10 USC 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: a. He retired with 23 year of service. When he requested to retire, he was informed by a Retirement Specialist that he would have to transfer his education benefits prior to his retirement. He completed all TEB paperwork and retired a few drills later. His daughter received his TEB for several years; however, he was notified by the Department of Veterans Affairs (VA) that he did not meet his obligation and owed monies to the VA. b. He never received an out-brief from the District of Columbia (DC) National Guard on his service obligation and he was never briefed on the TEB prior to notification from the VA. He was instructed to complete the TEB with their knowledge that it was his intent to retire. 3. The applicant's service record shows: a. On 9 May 1992, the applicant was appointed as a Reserve commissioned officer and executed an oath of office. c. NGB Form 337 (Oaths of Office), dated 31 December 1999, appointed the applicant as an Officer of the National Guard for the Sate of Wyoming. d. On 15 October 2001, the applicant enlisted in the ARNG for 1 year. e. DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 7 March 2004, shows the applicant voluntarily extended his enlistment for 6 years. His expiration term of service changed from 14 April 2004 to 14 April 2010. f. NGB Form 337, dated 17 January 2007, appointed the applicant as an Officer of the National Guard for the Sate of Wyoming in the grade WO1. g. DD Form 214 ((Certificate of Release or Discharge from Active Duty), ending on 19 November 2007, shows the applicant was honorably released from active duty training. (1) Block 12a (Date Entered Active Duty Service) – 29 May 2007. (2) Block 12c (Net Active Service This Period) – 0 years, 5 months, and 21 days (3) Block 12d (Total Prior Active Service) – 0 years, 7 months, and 24 days. (4) Block 12e (Total Prior Inactive Service) – 14 years, 0 months, and 20 days. h. Joint Forces Headquarters, District of Columbia National Guard Memorandum, Subject: Notification of Eligibility for Retired Pay for Non-Regular Service (20 Years), dated 30 September 2015, shows the applicant completed the required years of service and will be eligible for retired pay upon application at age 60. i. The applicant's records are void of orders transferring him to the Retired Reserve or separating him from the ARNG. 4. The applicant provides: a. NGB Form 23B dated 17 April 2015, showing the applicant at the time of preparation completed 21 years of qualifying service for retirement. b. NGB Form 23A1 dated 30 September 2015, detailed the applicant's retirement points for: (1) Inactive Duty Training for period covering 18 May 2014 to 25 April 2015. * 18 May 2014 – 1 point each for AM/PM Assemblies, Type 11 * 7 June 2014 – 1 point each for AM/PM Assemblies, Type 11 * 8 June 2014 – 1 point each for AM/PM Assemblies, Type 11 * 19 July 2014 – 1 point each for AM/PM Assemblies, Type 11 * 20 July 2014 – 1 point each for AM/PM Assemblies, Type 11 * 8 August 2014 – 1 point for PM Assembly, Type 11 * 9 August 2014 – 1 point each for AM/PM Assemblies, Type 11 * 10 August 2014 – 1 point each for AM/PM Assemblies, Type 11 * 27 September 2014 – 1 point each for AM/PM Assemblies, Type 11 * 28 September 2014 – 1 point each for AM/PM Assemblies, Type 11 * 4 October 2014 – 1 point each for AM/PM Assemblies, Type 11 * 5 October 2014 – 1 point each for AM/PM Assemblies, Type 11 * 1 November 2014 – 1 point each for AM/PM Assemblies, Type 11 * 2 November 2014 – 1 point each for AM/PM Assemblies, Type 11 * 6 December 2014 – 1 point each for AM/PM Assemblies, Type 11 * 7 December 2014 – 1 point each for AM/PM Assemblies, Type 11 * 10 January 2015 – 1 point each for AM/PM Assemblies, Type 11 * 11 January 2015 – 1 point each for AM/PM Assemblies, Type 11 * 7 February 2015 – 1 point each for AM/PM Assemblies, Type 11 * 8 February 2015 – 1 point each for AM/PM Assemblies, Type 11 * 14 March 2015 – 1 point each for AM/PM Assemblies, Type 11 * 15 March 2015 – 1 point each for AM/PM Assemblies, Type 11 * 25 April 2015 – 1 point each for AM/PM Assemblies, Type 11 (2) Active Duty/Active Duty Training/Active Duty for Special Work for period covering 17 April 2019 to 19 April 2019 – 3 points, Type 22. c. NGB Form 23B dated 30 September 2015, showing the applicant at the time of preparation completed 22 years of qualifying service towards retirement. 5. In the processing of this case, an advisory opinion was obtained from the NGB, Education Services Branch, on 15 November 2022 and the Special Actions Branch on 17 November 2022. The advisory officials recommended denial of the applicant's request. They stated in pertinent part a. Under Title 38, USC, Section 3319 authorizes service components to allow eligible Service Members to transfer their unused Post-9/11 GI Bill benefits as a retention incentive. To be eligible to transfer the benefits, a service member must be currently serving in the Uniformed Services, be eligible for the Post-9/11 GI Bill, have completed at least 6 years of service, and agree to serve 4 additional years. b. On 13 March 2015, the applicant requested TEB and his request was approved. When applying for TEB on the milConnect website, he was informed of and agreed to serve a 4 year service obligation until 12 March 2019. He was further informed of his service obligation via his TEB approval letter and subsequent email from the National Guard Education Support Center. c. On 1 December 2016, the applicant voluntarily separated from the National Guard, approximately 2 years and 3 months prior to completing his required service obligation. He was notified about his service obligation, but did not complete his obligation end date requirement prior to separation. 6. The advisory opinion was provided to the applicant to afford him the opportunity to respond to its content. He 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 not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The Board note that the applicant requests his Transfer Education Benefits (TEB) Obligation End Date (OED) be changed to the date of his retirement. The Board reviewed the facts and noted that the applicant requested TEB on 13 March 2015 and his request was approved. He agreed to serve a four-year service obligation until 12 March 2019. However, he voluntarily separated from the ARNG on 1 December 2016, some 2 years and 3 months before he completed his required service obligations. Since he did not meet the service remaining requirements for the TEB, the Board determined relief is not warranted in this case. ? 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. Army Regulation (AR) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. 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 DoD TEB online database. The TEB online database was operational on 29 June 2009. Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed electronically to the VA for their access. The respective dependent must then submit VA Form 22-1990e to request to use of VA educational benefits. 4. On 22 June 2009, the Department of Defense established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy states an eligible individual is any member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, and on or after 1 August 2009, is eligible for the Post-9/11 GI Bill and, in pertinent part, is or becomes retirement eligible during the period 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003404 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1