IN THE CASE OF: BOARD DATE: 14 March 2023 DOCKET NUMBER: AR20220005325 APPLICANT REQUESTS: Post-9/11 GI Bill Transfer of Education Benefits (TEB) to his dependent daughter APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs (VA) Certificate of Eligibility, 9 September 2014 * DD Form 215 (Correction of DD Form 214), 15 November 2019 * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 30 November 2019 * Congressional authorization to release personal information form, 1 June 2022 * VA letter to Congressional representative, 2 June 2022 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 on 27 August 2014 he submitted an application for the Post- 9/11 GI Bill. He was told in order for him to receive these benefits, he would have to do an additional four (4) years of service from that date. He was not told that a separate request would have to be submitted to transfer those benefits to his children. On 9 September 2014, he received a Post-9/11 GI Bill Certificate of Eligibility. He assumed the 4 years required started on that date and served until 30 November 2019 when he retired. He is requesting an update to his records showing a transfer of all his Post-9/11 GI Bill education benefits to his daughter. His daughter will be attending beginning 19 August 2022. 3. A review of the applicant's official records show: a. On 2 November 1999, he enlisted in the Regular Army. The applicant served continuously until he retired. b. On 30 November 2019, he retired by reason of sufficient service for retirement. DD Form 214 shows he completed 20 years and 29 days net active service. 4. The applicant provides VA Certificates of Eligibility which show he was entitled to benefits for an approved program of education or training under the Post-9/11 GI Bill (38, Code of Federal Regulations 21.9590). He also provides Congressional correspondence showing he requested assistance with his application to the ABCMR. 5. On 19 December 2022, the U.S. Army Human Resources Command (HRC), Chief, Education Incentives Branch, provided an advisory opinion for this case and recommended disapproval. The advisory official stated in pertinent part: a. Recommend disapproval for the applicant's request for the Post 9/11 GI Bill TEB. The Post 9/11 GI Bill is a Service Member's benefit; however, TEB is a retention incentive requiring an Additional Duty Service Obligation (ADSO) calculated from their TEB request date. It is always the Service Member's responsibility to know their TEB ADSO period and the date they will complete their requirement, called the Obligation End Date (OED). To transfer the Post 9/11 GI Bill to dependents, an individual must be on Active Duty or in the Selected Reserve on or after 1 August 2009; have at least six years in Active Duty or Selected Reserve status; and have no current negative action flag (i.e., height and weight flag, Army Combat Fitness Test/ Army Physical Fitness Test failure flag), commit to the ADSO, and transfer benefits to the dependents through the TEB website at http://milconnect.dmdc.mil. The transfer of benefits must be completed before the Service Member separates or retires. Public Law (PL) 110-252 makes no provisions for waiving this requirement. b. The TEB website shows that the applicant did not submit a TEB request after it became available on 1 August 2009 or the ten years after, prior to his retirement on 30 November 2019. On 1 December 2022 (Enclosure 1, Defense Manpower Data Center (DMDC) Email Confirmation) this office contacted the DMDC, which has been the system of record for all TEB-related transactions since the implementation of the program, to determine if the applicant ever submitted a TEB request. DMDC confirmed that while the applicant accessed the TEB website on 26 August 2014, he failed to submit a TEB request. According to the VA response letter, dated 2 June 2022 to a congressional inquiry from the Office of Representative S- on behalf of the applicant, he submitted a VA Form 22-1990 on 27 August 2014 to the VA applying for his Post 9/11 GI Bill benefits. On 9 September 2022 the VA issued the applicant his Certificate of Eligibility for his Post 9/11 GI Bill benefits, not his daughter's. Not only was his daughter too young to request a Certificate of Eligibility in 2014 the required form for her to receive benefits is a VA Form 22-1990E, not the VA Form 22-1990 submitted by the applicant. c. On 16 October 2017, the applicant accessed the TEB website again, providing him with an opportunity to realize that he did not submit a TEB request on 26 August 2014. On 17 June 2019 and 28 August 2019, he again accessed the TEB website without taking the necessary steps to submit a TEB request. However, a TEB request in June or August of 2019 would have been rejected as the applicant already had an approved retirement date and would have been unable to complete the 4-year additional service obligation required by Public Law (PL) 110-252. The applicant accessed the TEB website four additional times in May 2022, which is two months later than he claimed in Block 15 of the DD Form 149 as the date of discovery of the error. d. The applicant does not have a delimiting period attached to his Post 9/11 GI Bill benefits as he retired after 1 January 2013 and therefore falls under the "Forever GI Bill" authorized by PL 115-48. The applicant's military service may make his dependent eligible for other types of assistance. We have enclosed a document (Enclosure 2 Scholarships and Grants List) containing numerous agencies that may assist. Additionally, the Post 9/11 GI Bill benefits are still available to the applicant. 6. On 20 December 2022, the applicant was provided a copy of the advisory opinion to provide a comment. 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 reviewed and agreed with the advisory opinion that although the applicant accessed the TEB website in 2104, he did not submit a TEB request. He again accessed the TEB website in June and August 2019, providing him with an opportunity to realize that he did not submit a TEB request in August 2014. However, a TEB request in June or August of 2019 would have been rejected as the applicant already had an approved retirement date and would have been unable to complete the 4-year additional service obligation required by Public Law (PL) 110-252. 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 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. In pertinent part, it states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR will decide cases based on the evidence of record. It is not an investigative agency. 3. AR 621-202 (Army Educational Incentives and Entitlements) prescribes Army-unique policies, responsibilities, and procedures for the administration of Veterans' education programs and education incentives authorized by law, and provides information on Title 38, United States Code (USC), Chapter 30 (38 USC Chapter 30), 38 USC Chapter 32, 38 USC Chapter 33, 10 USC Chapter 1606, and 10 USC Chapter 1607. a. Paragraph 4-15b (Soldiers not eligible for Transferability Eligibility Benefits) states, in pertinent part, former service members who failed to request the TEB while on qualifying active duty or assigned to the Selected Reserve. b. Paragraph 4-15e (Procedures to Transfer Post-9/11 GI Bill Education Benefits to Dependents) states, in pertinent part, Soldiers must use the TEB website in the milConnect portal at https://www.dmdc.osd.mil/milconnect or http://milconnect.dmdc.mil to request, modify, or revoke transferred benefits. Dependents must be enrolled in the Defense Eligibility Enrollment Reporting System (DEERS) and reflect as eligible in the TEB website at the time of transfer in order to receive TEB. Soldiers may only request to transfer Post-9/11 GI Bill education benefits while serving as a member of the Uniformed Services on active duty (includes "Individual Ready Reserve (IRR) on active duty" if service obligation can be met) or Selected Reserve and otherwise eligible for TEB. Soldiers may not request transfer while assigned to the IRR and not on active duty, Inactive National Guard, in retired, separated, and/or discharged status, or in Retiree Recall status. c. Soldiers are responsible for verifying the status of their request on the TEB website. The Soldier must notify the certifying official immediately if they do not intend to complete the entire service agreement. d. Once requests to transfer benefits are approved, Soldiers should retain a copy of the TEB approval form from the TEB website for their personal records. e. A TEB service obligation will begin on the date of the Soldier's request within the TEB website resulting in a TEB approval and will be served concurrently with any other additional service agreements in effect at the time of the transfer. Transfer of Post-9/11 GI Bill benefits will not, in and of itself, limit any other reenlistment option or incentive to which a Soldier may be eligible. f. Questions regarding approval of or reasons for disapproval of TEB requests should be directed to appropriate certifying officials, which is the U.S. Army Human Resources Command (for RA and USAR Soldiers). 4. 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. 5. Department of Defense Directive-Type Memorandum 09-003, states under Attachment 2, paragraph 3 (Transferability of Unused Education Benefits to Family Members): a. Subparagraph 3a(3) – Any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of the individual's request to transfer entitlement to educational assistance becomes retirement eligible from 1 August 2009, through 1 August 2013, and agrees to serve the additional period is eligible for the Post- 9/11 GI Bill. A Service Member is considered to be retirement eligible if he or she has completed 20 years of active Federal service. b. Subparagraph 3g – An individual approved to transfer entitlement to educational assistance may transfer such entitlement to the individual's family member only while serving as a member of the Armed Forces. c. Subparagraph 3i – All requests for individuals who remain in the Armed Forces will be completed through the TEB website https://www.dmdc.osd.mil/TEB/. The TEB user manual provides instruction for enrollment; verification; and additions, changes, and revocations. Modifications or revocations after separation from the Armed Forces will be accomplished with the VA. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005325 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1