IN THE CASE OF: BOARD DATE: 31 January 2023 DOCKET NUMBER: AR20220004001 APPLICANT REQUESTS: Transfer Education Benefits (TEB) under the Post 9/11 G.I. Bill to his dependent children. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2823 (Sworn Statement) authored by CPT * DA Form 2823 authored by Staff Sergeant (SSG) * DA Form 2823 authored by Sergeant First Class (SFC) FACTS: 1. The applicant states in pertinent part, that upon his selection for First Sergeant (1SG) in 2019 he was also within his reenlistment period. He chose to reenlist for an additional 4 years for the sole purpose of transferring his education benefits to his children. He informed his company commander, Readiness Noncommissioned Officer (NCO), and the unit administrative NCO. To complete the TEB request, he sat at the desk of the administrative NCO, completed the request through MilConnect, and received a pop-up window which stated that the request had been submitted and would be reviewed for final approval. However, when he arrived at Fort Campbell, KY, met with the Education Specialist, she opened his MilConnect account and discovered that the benefits had not transferred and that there was no record of the request being submitted. The only solution he was offered was to extend or reenlist for an additional 4 years in order to apply for the benefit again. He believes the error for submission was not his fault. With three witnesses, who were there when he applied for the benefit and completed sworn statements in his favor, he should not have to reenlist or extend an additional 4 years due to a system fault. 2. A review of the applicant's available service records reflects the following: a. On 13 January 1999, he enlisted in the Regular Army. b. On 22 August 2001, Headquarters 101st Airborne Division, Fort Campbell issued Orders Number 234-0008 releasing him from active duty, effective 12 January 2002. His DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 12 January 2002 reflects an honorable discharge from active duty for completion of required active service. Item 12 (Record of Service) shows service from 13 January 1999 to 12 January 2002 with a net active service this period of 3 years. c. On 24 October 2001, he enlisted in the Tennessee Army National Guard (TNARNG). d. On 20 March 2002, the U.S. Army Reserve Personnel Command issued orders Number C-03-207999 assigning him to the TNARNG, effective 13 January 2002. e. On 27 December 2002, the applicant entered active duty in support of Operation Enduring Freedom. His DD Form 214, ending 27 March 2004 reflects an honorable release from active duty for completion of required active service. Item 12 shows service from 27 December 2002 to 27 March 2004 with a net active service this period of 1 year, 3 months, and 1 day. f. On 5 December 2009, he reentered active duty. His DD Form 214, ending 18 August 2010 reflects an honorable release from active duty for completion of required active service. Item 12 shows service from 5 December 2009 to 18 August 2010 with a net active service this period of 8 months, and 14 days. g. On 11 April 2013, DD Form 2384-1 (Notice of Basic Eligibility (NOBE)) was issued for eligibility for the Selected Reserve Education Assistance program. h. He reentered active duty on 3 January 2014. His DD Form 214, ending 19 February 2015 reflects an honorable release from active duty for completion of required active service. Item 12 shows service from 3 January 2014 to 19 February 2015 with a net active service this period of 1 year, 1 month, and 17 days. i. The applicant extended his enlistments on multiple occasions. However, on 7 September 2019, DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) was completed showing the applicant extended his enlistment for 4-years, changing his expiration term of service from 12 April 2020 to 12 April 2024. j. He reentered active duty on 9 October 2020. His DD Form 214, ending 30 November 2022 reflects an honorable release from active duty for completion of required active service. Item 12 shows service from 9 October 2020 to 30 November 2022 with a net active service this period of 2 years, 1 month, and 22 days with 6 years, 1 month, and 22 days of prior active service and 15 years, 6 months, and 29 days of prior inactive service. 3. The applicant provides the following: a. DA Form 2823 authored by CPT, reflective of his recollection for the applicant's contract extension in order to complete a transfer of educational benefits to his dependents. b. DA Form 2823 authored by SSG, reflective of his assistance in completing the applicant's contract extension for the purposes of retirement and to complete a transfer of educational benefits to his dependents. c. DA Form 2823 authored by SFC, reflective of his recollection of the applicant completing the TEB request at the desk of SSG on 7 September 2019. 4. On 26 October 2022, the National Guard Bureau, Chief, Special Actions Branch provided an advisory opinion recommending approval of the applicant's request stating: a. Though the ARNG has no record that the applicant submitted a TEB request, there is a sworn statement by his unit Administrative NCO, SSG, testifying that he applied to transfer his benefits via the Milconnect portal. b. Due to the fact that he qualified for TEB when he completed his four-year extension and a sworn statement confirm his intention to request TEB, we recommend the Board grant relief. 5. On 7 November 2022, the applicant was provided with a copy of the advisory opinion to provide a response. As of 28 November 2022, he did not respond. BOARD DISCUSSION: 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, and regulatory guidance were carefully considered. The applicant extended his enlistments on multiple occasions. On 7 September 2019, DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) was completed showing the applicant extended his enlistment for 4 he years, changing his expiration term of service from 12 April 2020 to 12 April 2024. The Board reviewed and agreed with the NGB’s advisory opinion that although there is no evidence that the applicant submitted a TEB request, he provides a sworn statement by his unit Administrative NCO, testifying that he applied to transfer his benefits via the MilConnect portal. Because he qualified for TEB when he completed his four-year extension and a sworn statement confirms his intention to request TEB, the Board determined relief is warranted. 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 that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by: • showing the applicant timely submitted a transfer of his education benefits to his eligible dependents in connection with his 7 September 2019 4-year extension • showing his TEB request was timely received and approved by the appropriate office with a service obligation date of 4 years from the date his request was approved 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 section 3319 (Authority to Transfer Unused Education Benefits to Family Members) states that an individual transferring an entitlement to educational assistance under this section shall designate the dependent or dependents to whom such entitlement is being transferred, designate the number of months of such entitlement to be transferred to each such dependent and specify the period for which the transfer shall be effective for each dependent. 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. 2. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program. a. Transferability of Unused Benefits to Dependents. For the purposes of transferability, Armed Forces include all active duty service and all Selected Reserve service regardless of branch of service or component. Soldiers whose request to transfer benefits is approved will incur an additional service obligation in accordance with the below policy. Soldiers are expected to serve the additional service obligation. b. Eligibility. (1) Any Soldier of the Armed Forces who fulfills Post 9/11 GI Bill eligibility requirements and who, at the time of the approval of the Soldier's request to transfer entitlement to educational assistance does not have an adverse action flag, is eligible for the Post 9/11 GI Bill, and (2) Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years from the date of request, regardless of the number of months transferred, or (3) Has at least 10 years of service in the Armed Forces on the date of election and if 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. (4) Is or will become retirement eligible during the period from 1 August 2009, through 1 August 2013 and agrees to serve the additional period, if any, specified below. For the purposes of this paragraph, a Soldier is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed under Title 10 USC, section 12732. * Soldiers eligible for retirement on or before 1 August 2009, no additional service is required * Soldiers with an approved retirement date on or after 1 September 2009, but on or before 1 June 2010, no additional service requirement * Soldiers who attain 20 years of service on or after 2 August 2009 and before 2 August 2010, one year of additional service from the date of request is required * Soldiers who attain 20 years of service on or after 2 August 2010 and before 2 August 2011, two years of additional service from the date of request are required * Soldiers who attain 20 years of service on or after 2 August 2011, and before 2 August 2012, three years of additional service from the date of request are required (5) If a Soldier transferring entitlement fails to complete the service agreed to by the Soldier in accordance with the terms of the agreement of the Soldier, the amount of any transferred entitlement that is used by a dependent of the Soldier as of the date of such failure shall be treated as an overpayment of educational assistance and will be subject to collection by Department of Veterans Affairs. Future entitlements will be terminated. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004001 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1