IN THE CASE OF:	

		BOARD DATE:	   8 September 2015

		DOCKET NUMBER:  AR20140018354


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests restoration of his 24 months of unused benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.  Specifically, he wishes to transfer 12 months of entitlement to his two sons: A____ S. B____ and H____ S. B_____.

2.  The applicant states:

	a.  while on active duty, he transferred 36 months of his GI Bill benefits to his wife;

	b.  due to his spouse’s veteran status, she was only allowed 12 months of his TEB; and

	c.  he was informed the remaining 24 months would be returned to him for use at a later date, and he would like to now transfer 12 months of benefits to each of his sons.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* eBenefits document extracts dated 4 June and 23 August 2015
* milConnect document extract dated 4 June 2015

CONSIDERATION OF EVIDENCE:

1.  Having had prior active service and inactive Reserve component service, the applicant enlisted in the Regular Army on 27 September 1990.  He served in military occupational specialty 92Y (Unit Supply Sergeant) and attained the rank/grade of staff sergeant (SSG)/E-6 on 1 December 2004.

2.  On 30 September 2011, he retired from active duty.  His DD Form 214 shows he completed a total of 21 years, 4 months, and 3 days of creditable active duty service.

3.  The applicant provides Department of Veterans Affairs (VA) and Department of Defense (DOD) eBenefits document extracts printed on 4 June and 23 August 2015 showing his education enrollment status and confirming the following:

* Benefit level:  100% (percent)
* Delimiting Date:  1 October 2026
* Original Entitlement:  36 months and 0 days
* Used Entitlement:  0 months and 0 days
* Remaining Entitlement:  0 months and 0 days

4.  He provides a milConnect document extract dated 4 June 2015, which shows he transferred 12 months of TEB under the Post 9/11 GI Bill to his spouse with a begin date of 18 March 2011.  It also shows he transferred 0 months of his unused education benefits to his sons and that his sons were identified as “ineligible” at that time.

5.  On 11 June 2015, a staff member of the Board contacted an Army Human Resources Command (AHRC), Finance and Incentives Team, official to ascertain:

* if the applicant’s spouse used any TEB under the Post 9/11 GI Bill
* if the applicant used any of his own GI Bill education benefits
* why the applicant’s sons were determined ineligible for TEB
* why it appeared he initially had 36 months of benefits, he used none, and 
		had none remaining prior to his delimiting date

6.  On 6 June 2015, the AHRC official indicated it appeared the applicant had not fulfilled his entire one year TEB service obligation.  However, he may have some qualifying Reserve service that had yet to be credited which could be used to reduce his TEB obligation.  

7.  On 21 July 2015, the AHRC official entered a statement into the “Transactions” history of the applicant’s Integrated Web Services - Soldier Management System (IWS-SMS) record.  It shows:

* the applicant allocated 36 months of benefits to his spouse when he applied for TEB 
* the applicant reduced the total number of months his spouse could receive on 11 September 2014
* it was discovered the applicant did not fulfill the one year TEB service obligation requirement
* review of the applicant’s record revealed his U.S. Army Reserve (USAR) service from 17 March 1989 to 26 September 1990 had to be included in his obligation requirement
* his combined USAR and active duty service totaling 20 years, 4 months, and 15 days service allowed for an adjusted TEB obligation end date of 18 March 2011, the date he applied for this benefit

8.  On 22 July 2015, the AHRC official indicated she adjusted the applicant’s TEB service obligation end date to 18 March 2011.  With this adjustment, his entire TEB service obligation was fulfilled prior to his retirement.  Therefore, he did not actually incur a TEB service obligation.

9.  On 22 June 2009, the DOD 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 on or after 1 August 2009, who, at the time of the approval of the individual’s 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 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.

9.  The policy further provides that the Secretaries of the Military Departments will provide active duty participants, and members of the Reserve Components with qualifying active duty service, individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.

10.  On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of this program.

11.  Public Law 110-252, section 3020, limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.  A Soldier must be on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his/her dependent.

12.  Changes to the amount of months allocated to dependents can be made at anytime, to include once a service member leaves military service, provided the service member allocates at least 1 month of benefits (to each respective dependent) prior to separation.  If the service member allocates 0 months and subsequently leaves military service, he or she is not authorized to transfer unused benefits.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests restoration of 24 months of education benefits under the provisions of the Post-9/11 GI Bill and to allocate 12 months of this benefit to each of his two sons.  There is sufficient evidence to support granting the requested relief in this case.

2.  The evidence of record confirms the applicant took action to TEB under the Post-9/11 GI Bill prior to his retirement from active duty.  However, subsequent to his retirement, it appeared he had not fulfilled his required TEB service obligation and any remaining benefits were reduced to zero.  Based on a computation of the applicant’s prior service in the USAR and active duty service, he fulfilled the service requirement necessary to transfer his education benefits prior to his retirement.  Therefore, the applicant’s record should be corrected to restore any unused portion of his TEB under the Post-9/11 GI Bill.

3.  In light of the error which halted or interrupted the applicant’s spouse's use of his TEB during a time that may have been most advantageous, coupled with the misinformation he was provided indicating he could use or transfer this education benefit at a later date post separation or retirement, his record should be corrected to show he allocated at least 1 month of his Post-9/11 GI Bill education benefits to each one of his sons at the time he applied for transfer of this benefit on 18 March 2011.  This correction would allow the applicant to reallocate any portion of TEB to either one of his sons or spouse at any time prior to his delimiting date.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 by showing the applicant allocated at least 1 month of his Post-9/11 GI Bill education benefits to his spouse and two sons prior to his retirement, provided all other program eligibility criteria are met.



      ____________X____________
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20120007756



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ABCMR Record of Proceedings (cont)                                         AR20140018354



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