IN THE CASE OF: BOARD DATE: 27 January 2023 DOCKET NUMBER: AR20220006046 APPLICANT REQUESTS: * To revise the eligibility date for his Post 9/11 GI Bill Transfer of Education Benefits (TEB) * A personal appearance before the Board via video or telephone APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 40-147-0049 issued by the Department of Military and Veterans Affairs, Office of the Adjutant General, 26 May 2020 * DA Form 31 (Request and Authority for Leave), 5 May 2021 * Orders Number 138-0114 issued by Headquarters, III Corps and Fort Hood, 18 May 2021 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 3 July 2021 * Email correspondence, Subject: Transfer of Education Benefits, 1 February 2022 * Self-Authored Statement, 19 March 2022 FACTS: 1. The applicant states: a. The TEB request date for his Post 9/11 GI Bill benefits is unjust due to the timeframe and circumstances when he had to request the benefits transfer. The window of eligibility to successfully submit his request was 9 September 2020 through 31 December 2020. He requests to change the submission request date for his TEB from 27 February 2021 to 10 September 2020. b. He was deployed as the Battalion S-3 Operations Officer and arrived in Kuwait in mid-September. As a key field grade officer, he was responsible for logistical missions in Kuwait and Iraq and due to the nature of his position, he was not able to concentrate on his personal affairs. He applied 2 months past his eligibility date and was unable to transfer the remaining education benefits to his teenage daughter. 2. The applicant's service record shows: a. On 21 January 1993, the applicant enlisted in the U.S. Army Reserve (USAR) as a cadet. b. On 2 June 1994, the applicant was appointed as a Reserve commissioned officer and executed an oath of office with a concurrent call to active duty c. DD Form 214, ending on 1 April 2000, shows the applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). (1) Block 12a (Date Entered Active Duty Service) – 16 June 1994. (2) Block 12c (Net Active Service This Period) – 5 years, 9 months, and 16 days. (3) Block 28 (Narrative Reason for Separation) – Miscellaneous/General reasons. d. DA Form 71 (Oath of Office Military Personnel), dated 18 October 2012, appointed the applicant as a Reserve commissioned officer in the rank/grade of captain (CPT)/O-3. e. On 11 June 2020, the applicant entered active duty. f. Orders Number HO-230-0199 issued by Headquarters, III Corps and Fort Hood, TX, dated 17 August 2020, deployed the applicant in a temporary change of station status in support of Operation Enduring Freedom (Spartan Shield), effective 4 September 2020, not to exceed 315 days. g. Orders Number 138-0114 issued by Headquarters, III Corps and Fort Hood, dated 18 May 2021, released the applicant from active duty, effective 3 July 2021. h. DD Form 214, ending on 3 July 2021, shows the applicant was honorably released from active duty. (1) Block 12a (Date Entered Active Duty Service) – 11 June 2020. (2) Block 12c (Net Active Service This Period) – 1 year, 0 months, and 23 days. (3) Block 12d (Total Prior Active Service) – 5 year, 10 months, and 0 days. (4) Block 12e (Total Prior Inactive Service) – 14 years, 11 months, and 22 days. (5) Block 18 (Remarks) – Service in Kuwait from 9 September 2020 to 16 October 2020. Service in Iraq from 17 October 2020 to 23 October 2020. Service in Kuwait from 24 October 2020 to 19 March 2021. Service in Iraq from 20 March 2021 to 7 May 2021 and service in Kuwait 8 May 2021 to 13 May 2021. 3. The applicant provides: a. Orders Number 40-147-0049 issued by Department of Military and Veterans Affairs, Office of the Adjutant General, dated 26 May 2020, ordered the applicant to active duty in support of Operation Enduring Freedom (Spartan Shield) for a period of 400 days. b. DA Form 31, dated 5 May 2021, shows the applicant was approved for 45 days of terminal, transition absence or retirement/involuntary separation leave from 20 May 2021 to 3 July 2021. c. Email correspondence, Subject: Transfer of Education Benefits, dated 1 February 2022 showing his TEB was denied on 31 January 2020 due to a lack of documentation in his record to show he had gained eligibility. He must have first gained eligibility for Post 9/11 GI Bill benefits himself. d. Self-authored Statement dated 19 March 2022, to the Board wherein he requests to be awarded the TEB with the transfer date provided in his opening statement. 4. In the processing of this case, an advisory opinion was obtained from the National Guard Bureau, Chief, Special Actions Branch, on 26 October 2022. The advisory official recommended approval of the applicant's request. It states in pertinent part: a. Title 38, United States Code, Section 3319 requires service members to be eligible for the Post 9/11 GI Bill, have completed 6 years of service, and commit to serve at least 4 years of service after their TEB request is approved. When the applicant made his request, he had not completed enough qualifying service to be eligible for TEB. When he reapplied, he did not meet the Obligation End Date requirement. b. Due to the extenuating circumstances that required him to request TEB during his deployment to meet the required service obligation, the National Guard Education Services Branch recommends approval of this request. 5. The advisory opinion was provided to the applicant to afford him the opportunity to respond to its content. On 9 November 2022, he concurred with the advisory opinion. ? BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board concurred with the conclusion of the advisory official that the applicant had extenuating circumstances that prevented him from requesting TEB in a timely manner. The Board determined the applicant’s record should be corrected to show he requested TEB on 10 September 2020. 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 and Army National Guard records of the individual concerned be corrected by showing he requested TEB on 10 September 2020. 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. Army Regulation 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. 2. 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. 3. 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) AR20220006046 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1