IN THE CASE OF: BOARD DATE: 31 January 2023 DOCKET NUMBER: AR20220005019 APPLICANT REQUESTS: Transfer Education Benefits (TEB) under the Post 9/11 G.I. Bill to his dependent spouse. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email correspondence FACTS: 1. The applicant states in pertinent part that he was not properly informed that the transfer of educational benefits must be completed prior to the expiration term of service. He would like to transfer his education benefits to his spouse in the amount of 16 months and 17 days. 2. A review of the applicant's available service records reflects the following: a. On 13 March 2012, he enlisted in the Regular Army and continued service through reenlistments. b. On 18 July 2019, Headquarters, U.S. Army Garrison, Fort Bliss issued Orders Number 199-0546 discharging him from service, effective 4 October 2019. c. On 24 September 2019, Headquarters, U.S. Army Garrison, Fort Bliss issued Orders Number 267-0571 amending Orders Number 199-0546 by adding additional instructions: "e. You have enlisted for and are assigned to 319 Engineer Company 11601 Montana Ave, El Paso, Texas 79936-1093 with a reporting date no later than (NLT) (30) days following his separation from active duty. d. DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 4 October 2019 reflects an honorable discharge from active duty for completion of required active service. Item 12 (Record of Service) shows service from 13 March 2012 to 4 October 2019 with a net active service this period of 7 years, 6 months, and 22 days. 3. The applicant provides email correspondence with the Army National Guard (ARNG) Educational Support Technician reflective of his attempts to rectify the transfer of education benefits to his spouse. 4. On 6 October 2022, the U.S. Army Human Resources Command, Chief, Education Incentives Branch, provided an advisory opinion recommending disapproval of the applicant's request, stating in pertinent part, we do not recommend administrative relief based on the following: a. The TEB website shows the applicant became eligible to request TEB on 13 March 2018; however, there is no record of him requesting a transfer prior to his discharge on 4 October 2019. At the time of his initial eligibility, the Post 9/11 GI Bill TEB program had been in existence for at least 10 years; therefore, there is a high probability he would have been aware of the program's requirements. If not, he had access to the education center (located at each installation) who would have advised him of the program's requirements and helped him develop a comprehensive education plan. b. After receiving this advisory opinion request, this office contacted the Defense Manpower Data Center (DMDC) on 4 October 2022 to determine if the applicant had submitted a TEB request. The DMDC is responsible for maintaining the milConnect website used by Service Members to request TEB and, if approved, to manage their transfer. DMDC confirmed that he accessed the TEB milConnect website three times in 2022; however, all three were after his discharge date. There is no system record of him accessing the milConnect site or using the site to submit a TEB request prior to his 4 October 2019 discharge. If the applicant had requested TEB between 13 March 2018 and prior to his 4 October 2019 discharge (his TEB program service time eligibility), we would have rejected his application because of his inability to fulfill the Public Law 110- 252 required 4-year Active Duty Service Obligation (ADSO). We would have then advised him of the program's service commitment, instructed him to reenlist in order to meet the TEB program's 4-year ADSO retention requirement and then resubmit a new TEB request via the DMDC milConnect website once he had completed the previous two tasks. 5. On 17 October 2022, the applicant was provided with a copy of the advisory opinion to provide a response. As of 2 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 not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board noted that the applicant became eligible to request TEB on 13 March 2018; however, there is no record of him requesting a transfer prior to his discharge on 4 October 2019. The Board reviewed and agreed with the advisory official’s finding that even if the applicant had requested TEB between 13 March 2018 and prior to his 4 October 2019 discharge (his TEB program service time eligibility), his request would have been rejected because of his inability to fulfill the statutorily required 4-year Active Duty Service Obligation (ADSO). He would have needed to reenlist in order to meet the TEB program's 4-year ADSO retention requirement and then resubmit a new TEB request via the DMDC milConnect websites. 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. 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. 3. Army Regulation 621-202 (Army Educational Incentives and Entitlements) paragraph 4-15 states Soldiers may elect to transfer their Post-9/11 GI Bill education benefits to their spouse, one or more of their children, or a combination of spouse and children through the TEB website in the milConnect portal at https://www.dmdc.osd.mil/mil- connect or http://milconnect.dmdc.mil. Only dependents listed as eligible in the TEB website may receive the Post-9/11 GI Bill education benefit. TEB is neither an entitlement nor a transition benefit, but was specifically identified by statute as a tool for recruitment and retention of the career force. The ability to transfer the Post-9/11 GI Bill education benefit was created as a recruitment and retention incentive for additional service within the Uniformed Services. Soldiers may increase, decrease, or revoke months to an eligible dependent at any time as long as at least one month is transferred to the dependent before the Soldier leaves the Armed Forces. Once a Soldier leaves service, the Soldier may not transfer benefits to dependents who had not received at least one month while the Soldier was on active duty or in the Selected Reserve. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005019 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1