IN THE CASE OF: BOARD DATE: 22 February 2023 DOCKET NUMBER: AR20220004317 APPLICANT REQUESTS: Post 9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 2 x DD Forms 214 (Certificate of Release or Discharge from Active Duty) * 2 x DARP Form 249-1 (Request for Correction of Chronological Statement of Retirement Points) * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * Memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60 (Selected Reserve 15 Year Letter) * NGB Form 23B (Army National Guard (ARNG) Retirement Points History Statement * NGB Form 23A (ARNG Current Annual Statement) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 effect he qualifies for the Post 9/11 GI Bill and elected to transfer it to his dependents because he has finished his schooling. His son recently transferred to the State of for rotary flight school and applied for the certificate of eligibility for the Post 9/11 GI Bill. Several months went by without hearing anything, so he applied again but they did not receive an email or letter stating it was denied. He then called the Department of Veterans Affairs (VA) education benefits number and was told it was denied, but they never received anything. He then called Department of Defense (DOD) and was given this referral because the transfer was not found. He is respectfully requesting his record show that he transferred the Post 9/11 GI Bill to his dependents. The only thing he can think of was, at the time, it was a paper copy that was supposed to be submitted by administration to a digital copy, but it was not done. 3. The applicant's service records contain the following documents for the Board's consideration: a. On 6 March 1990, the applicant enlisted in the ARNG. He continued service through reenlistments and extensions. b. On 6 June 2005, the applicant entered active duty in support of Operation Iraqi Freedom. c. On 11 September 2006, he was honorably released from active duty and returned to his ARNG unit. He competed 1 year, 3 months, and 6 days of active duty this period with 1 year, 10 months, and 1 day of prior active-duty service and 13 years, 4 months, and 29 days of prior inactive duty service. He served in a designated imminent danger pay area with service in Kuwait and Iraq. d. On 20 December 2010, the applicant requested a Medical Retirement from the ARNG stating during his deployment his health started to deteriorate with his back being the most serious. e. Memorandum, Subject: State Surgeon Medical Review for the applicant, dated 28 December 2010, states on 20 December 2010, the applicant's medical documentation wase reviewed for low back pain. The applicant did not meet retention standards and he was referred to a Physical Evaluation Board (PEB). The PEB results are not in the applicant's official records. f. Memorandum, Subject: Notification of Medical Discharge, dated 18 January 2011 states the applicant would be discharged from the ARNG and transferred to the Retired Reserve, effective 10 February 2011. g. DA Form 4187 (Personnel Action) dated 8 February 2011 shows the applicant requested a retirement date of 10 February 2011. h. NGB Form 22 shows the applicant was honorably retired from the ARNG and transferred to the Retired Reserve on 10 February 2011. He completed 17 years, 3 months, and 14 days of net service this period with 3 years, 4 months, and 5 days of prior Reserve Component service and 3 months, and 16 days of prior active federal service. He had a total of 20 years, 11 months, and 5 days for pay and 19 years, 11 months, and 5 days for retired pay. i. Memorandum, Subject: Notification of Eligibility for Retired Pay at Age 60 (Selected Reserve 15 Year Letter), dated 16 February 2011 states the applicant had at least 15 years qualifying service and was eligible to apply for retired pay on attaining age 60. p. NGB Form 23B dated 16 February 2011 shows the applicant had 19 years, 11 months, and 5 days of creditable service for retired pay. His NGB Form 23A dated 1 March 2011 shows the same data. 4. The applicant provides DARP Form 249-1showing he requested a correction to his retirement points. 5. On 17 November 2022, the NGB, Chief, Special Actions Branch, provided an advisory opinion for the Board's consideration, which states, in effect: a. They recommend approval of the applicant's request. b. Title 38, United States Code (USC), Section 3319 authorizes service components to allow eligible servicemembers to transfer their unused Post 9/11 GI Bill benefits as a retention incentive. To be eligible to transfer the benefits, a servicemember must be currently serving in the Uniformed Services, be eligible for the Post 9/11 GI Bill, have competed at least six years of service, and agree to serve four additional years. c. On 11 February 2011, the applicant retired after over 20 years of service. He served a period of qualifying service for the Post 9/11 GI Bill during his tenure in the Uniformed Services; however, there is no record indicating that he transferred his education benefits to his dependent. d. During the period from 1 August 2009 through 1 August 2013, the ARNG, DOD, and the Veterans Affairs initiated a massive public awareness campaign on the Post 9/11 GI Bill and the TEB program through military, public, and social media venues. Although significant measures were taken during this period to disseminate information, many servicemembers left the service without being fully aware of the requirement to transfer their benefits prior to leaving military service. e. Though there is no record the applicant completed a TEB, it is likely he was not informed of the requirement to transfer his benefits prior to separation due to the newness of the TEB program. Therefore, it is recommended the Board grant relief. 6. On 15 November 2022, the NGB, Chief, Education Services Branch, provided the Board a second advisory opinion, which mirrors the previous advisory opinion. 7. On 23 November 2022, the advisory opinions were provided to the applicant to allow him the opportunity respond. 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 Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicants petition available military records, and National Guard Bureau Chief, Education Services Branch advisory, the Board concurred with the advising official to grant approval. The Board determined the applicant retired after over 20 years of service and served a period of qualifying service for the Post-9/11 GI Bill during his service. The Board determined there is no record the applicant completed a TEB request, it is likely he was not informed of the requirement to transfer his benefits prior to separation due to the newness of the TEB program. Based on this, the Board granted relief to show the applicant is entitled to transfer his Post 9/11 GI benefits to his dependent children. 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 to show the applicant filed his application to transfer his educational benefits to his dependent children and that the application was approved by the Army. 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. The Post-9/11 GI Bill went into effect on 1 August 2009. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused educational benefits to family members. A service member may execute transfer of benefits only while serving as a member of the Armed Forces. The Veterans Affairs (VA) is responsible for final determination of eligibility for educational benefits under this program. 3. 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; 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 (active duty and/or 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; or 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 service. 4. 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. The policy states, in part, for Transfer request submission: a. All requests to transfer benefits must be submitted on the TEB website. b. The TEB website will require Soldiers to use a CAC card or to establish a logon ID and password in order to access the site before they can complete the request. c. Soldiers can access the TEB website after submission of their request to monitor the status of their request. d. Soldiers must use the TEB website to modify or revoke transferred benefit amounts as well as to add a new dependent. If a Soldier adds a new dependent after the initial request is approved, there is no additional service requirement for adding new dependents. However, the original additional service commitment will remain in effect. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004317 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1