IN THE CASE OF: BOARD DATE: 6 September 2023 DOCKET NUMBER: AR20230001038 APPLICANT REQUESTS: in effect, correct his military service records to show, after fulfilling his service obligation, the Army approved him for the Transfer of Education Benefits (TEB) to his family member, under provisions of the Post-9/11 GI Bill. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Three Department of Veterans Affairs (VA) letters * U.S. Army Human Resources Command (HRC) letter * HRC Memorandum * Defense Finance and Accounting Service (DFAS)-Cleveland Form 7220/148 (Arrears of Pay Beneficiary Information) * Three DD Forms 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant states, based on inaccurate separation dates, they denied his family their GI educational benefits; he retired in August 2016, but his service records do not reflect this. In support of his request, the applicant provides the following: * Three DD Forms 214, showing the dates the Army called him to active duty * HRC's "20-Year" letter, dated 27 September 2012, notifying the applicant he had completed sufficient U.S. Army Reserve (USAR) service to qualify for retired pay at age 60 * HRC's letter, dated 8 May 2017, stating HRC had approved his application for retired pay * DFAS Form 7220/148 stating DFAS had established the applicant's retired pay account, effective 1 September 2017 * VA letter, dated 12 December 2016, showing a summary of the applicant's Veterans benefits * Two VA letters, respectively dated 5 and 6 October 2022, which announced VA was terminating the applicant's TEB based on a Department of Defense (DOD) determination that the applicant had failed to complete his military service obligation 2. A review of the applicant's service record reveals the following: a. On 24 August 1992, the applicant enlisted into the USAR for 8 years; he served continuously, through extensions and reenlistments, and deployed twice (respectively to Iraq, from 2005 to 2006), and Afghanistan (from 2010 to 2011)). b. As of 23 August 2012 (the applicant's 2012 retirement year ending date), the applicant had completed 20 years of qualifying service. On 27 September 2012, HRC issued the applicant his "20-Year Letter", confirming the applicant's completion of the required 20 years of USAR service for retired pay at age 60. c. Effective 31 January 2013, Regional Support Command orders reassigned the applicant from his Troop Program Unit (TPU) to the USAR Control Group (Reinforcement); the stated reason was, "Inactivation, Reorganization, or Relocation." Between 24 August 2012 and 10 January 2014, the applicant failed to accrue 50 qualifying retirement points. d. HRC Orders, dated 6 January 2014, reassigned the applicant from the USAR Control Group (Reinforcement) to The Retired Reserve; the order's effective date was 10 January 2014 and the reason was, "Non-Participation." e. Effective 30 August 2017, HRC placed the applicant on the Army of the United States Retired List. f. HRC's Soldier Management System (a web-based collection of data and applications for Human Resource Personnel) notes that, on 30 September 2022, the applicant called HRC asking about his TEB. The associated entry states: "The VA Regional Processing Office sent an email to HRC, Education Incentives, concerning your Post-9/11 GI Bill transfer and the associated service obligation. When you elected to transfer the Post-9/11 GI Bill to your eligible dependents, you were assigned a service obligation of 20160303; however, you separated from the Army, on 20130130, which was prior to fulfilling that entire obligation. Since you did not fulfill the service obligation, your Post 9/11 GI Bill transfer request has been rejected. Your dependents are not eligible to use Post-9/11 GI Bill benefits and may be subject to recoupment by the VA if benefits have already been paid. The Post- 9/11 GI Bill is still yours to use...." 3. Army Regulation (AR) 140-10 (Army Reserve - Assignments, Attachments, Details, and Transfers), in effect at the time, prescribed policies and procedures for assigning, attaching, removing, and transferring USAR Soldiers. a. Paragraph 4-2 (Composition of the Individual Ready Reserve (IRR)). The IRR consists of pre-trained Soldiers assigned to various control groups for control and administration. Assignment to the USAR Control Group (Reinforcement) is authorized for Soldiers with or without a remaining statutory military service obligation who have been credited with 3 or more years of active duty or completed 2 years of active duty and 1 year in a USAR TPU, and they have no mandatory training requirement. b. Section III (Transfer and Reassignment of enlisted Soldier to the IRR), paragraph 4-10 (Involuntary Reassignment of TPU or individual mobilization augmentee enlisted Soldiers). The involuntary reassignment of a TPU Soldier to the IRR is authorized when the Soldier's unit has been inactivated or relocated, and the Soldier is outside a reasonable commuting discharge from another TPU. c. Chapter 6 (Transfer to and From The Retired Reserve), section I (Transfer to The Retired Reserve). Eligibility requirements include the following: the Soldier is entitled to retired pay from the U.S. Armed Forces and has completed a total of 20 years of active or inactive service. d. Chapter 7 (Removal from Active Status). (1) Paragraph 7-1 (General). Soldiers removed from active status will be discharged or transferred to The Retired Reserve. (2) Paragraph 7-3.1 (Nonparticipation). An enlisted Soldier who has accrued 20 years of qualifying service for retired pay must attain 50 points annually to be retained in an active status within the IRR. Soldiers who fail to attain the required 50 points by the anniversary of their retirement year ending date will be removed from active status. 4. Public Law 110-252 established the legal requirements for the transferability of unused Post 9/11 GI Bill benefits; however, the transfer is limited to those members who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. 5. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy stated eligible individuals included any member of the Armed Forces who was serving on or after 1 August 2009, and who, at the time of the approval of the individual's TEB request, was eligible for the Post-9/11 GI Bill. In addition, the individual had to: a. Have completed at least 6 years of service in the Armed Forces on the date of election and agreed to serve 4 additional years in the Armed Forces from the date of election; or b. Had at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, but was precluded by either standard policy (service or DOD) or statute from committing to the 4 additional years, and had agreed to serve for the maximum amount of time allowed by such policy or statute 6. From 1 August 2009 through 1 August 2013, temporary rules applied with regard to the additional service obligation (ADSO); based on years of service, on 1 August 2009, the Soldier incurred following ADSO: * 20 or more years of service, on 1 August 2009 – no ADSO * Approved retirement with a date from 1 September 2009 to 1 June 2010 – no ADSO * Attained 20 years of service between 2 August 2009 and 1 August 2010 – 1 year ADSO, starting from the TEB request date * Attained 20 years of service between 2 August 2010 and 1 August 2011 – 2 years ADSO, starting from the TEB request date * Attained 20 years of service between 2 August 2011 and 1 August 2012 – 3 year ADSO, starting from the TEB request date * Attained 20 years of service after 1 August 2012 – 4 year ADSO, starting from the TEB request date 7. A review of the applicant’s service record contains sufficient evidence to support administrative corrections that are not annotated on his DD Form 214 for the period ending 19 May 1993. These omissions will be added to his DD Form 214 as administrative corrections and will not be considered by the Board, to show in item 24 (Character of Service) BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not 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 applicant’s petition and available military records, the Board determined the applicant elected to transfer his Post-9/11 GI Bill to his eligible dependents, he was assigned a service obligation of 20160303; however, the record show the applicant separated from the Army, on 20130130, which was prior to fulfilling that entire obligation. The Board agreed the applicant did not fulfill the service obligation, resulting in his Post 9/11 GI Bill transfer request being rejected. Based on the preponderance of evidence, the applicant’s dependents are not eligible to use his Post-9/11 GI Bill benefits. Therefore, relief was denied. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ? ADMINSTRATIVE NOTES: A review of the applicant’s service record contains sufficient evidence to support administrative corrections that are not annotated on his DD Form 214 for the period ending 19 May 1993. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing his characterization of service honorable. REFERENCES: 1. Army Regulation (AR) 140-10 (Army Reserve - Assignments, Attachments, Details, and Transfers), in effect at the time, prescribed policies and procedures for assigning, attaching, removing, and transferring USAR Soldiers. a. Paragraph 4-2 (Composition of the Individual Ready Reserve (IRR)). The IRR consists of pre-trained Soldiers assigned to various control groups for control and administration. Assignment to the USAR Control Group (Reinforcement) is authorized for Soldiers with or without a remaining statutory military service obligation who have been credited with 3 or more years of active duty or completed 2 years of active duty and 1 year in a USAR TPU, and they have no mandatory training requirement. b. Section III (Transfer and Reassignment of enlisted Soldier to the IRR), paragraph 4-10 (Involuntary Reassignment of TPU or individual mobilization augmentee enlisted Soldiers). The involuntary reassignment of a TPU Soldier to the IRR is authorized when the Soldier's unit has been inactivated or relocated, resulting in the Soldier no longer being within a reasonable commuting discharge of another TPU. c. Chapter 6 (Transfer to and From The Retired Reserve), section I (Transfer to The Retired Reserve). Eligibility requirements include the following: the Soldier is entitled to retired pay from the U.S. Armed Forces and has completed a total of 20 years of active or inactive service. d. Chapter 7 (Removal from Active Status). (1) Paragraph 7-1 (General). Soldiers removed from active status will be discharged or transferred to The Retired Reserve. (2) Paragraph 7-3.1 (Nonparticipation). An enlisted Soldier who has accrued 20 years of qualifying service for retired pay must attain 50 points annually to be retained in an active status within the IRR. Soldiers who fail to attain the required 50 points by the anniversary of their retirement year ending date will be removed from active status. 2. Public Law 110-252 established the legal requirements for the transferability of unused Post 9/11 GI Bill benefits; however, the transfer is limited to those members who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. 3. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states eligible individuals include any member of the Armed Forces that was serving on or after 1 August 2009, and who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, was eligible for the Post-9/11 GI Bill. Additionally, the individual had to: a. Have completed at least 6 years of service in the Armed Forces on the date of election and agreed to serve an additional 4 years in the Armed Forces from the date of election; or b. Had at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, but was precluded by either standard policy (service or DOD) or statute from committing to the 4 additional years, and had agreed to serve for the maximum amount of time allowed by such policy or statute 4. From 1 August 2009 through 1 August 2013, temporary rules applied with regard to the additional service obligation (ADSO); based on years of service, on 1 August 2009, the Soldier incurred following ADSO: * 20 or more years of service, on 1 August 2009 – no ADSO * Approved retirement with a date from 1 September 2009 to 1 June 2010 – no ADSO * Attained 20 years of service between 2 August 2009 and 1 August 2010 – 1 year ADSO, starting from the TEB request date * Attained 20 years of service between 2 August 2010 and 1 August 2011 – 2 years ADSO, starting from the TEB request date * Attained 20 years of service between 2 August 2011 and 1 August 2012 – 3 year ADSO, starting from the TEB request date * Attained 20 years of service after 1 August 2012 – 4 year ADSO, starting from the TEB request date //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001038 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1