IN THE CASE OF:  	  

		BOARD DATE:  4 August 2015	  

		DOCKET NUMBER:  AR20140020072 


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, in effect, correction of his records to show he elected to transfer educational benefits to his spouse and children under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.

2.  The applicant states:

* he was unaware of the change in adding his spouse and children to his educational benefits
* he was serving on active duty orders in Iraq when the change took place in 2009 and he was unable to make the change
* he went to school as soon as he returned from deployment and he was never informed about how to share the benefits with his dependents
* a Department of Veterans Affairs (VA) representative informed him of the required change on 12 November 2014 when he attempted to transfer educational benefits to his wife

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard on 13 March 2006.

2.  On 2 May 2009, he was ordered to active duty as a member of the Army National Guard in support of Operation Iraqi Freedom for a period not to exceed 400 days.

3.  Prior to his release from active duty, he completed a separation checklist, dated 24 March 2010, that shows he indicated he did not desire counseling regarding educational and training benefits.

4.  On 12 April 2010, he was honorably released from active duty.

5.  On 12 March 2012, he was honorably discharged from the Army National Guard and transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve).

6.  On 19 March 2014, he was honorably discharged from the U.S. Army Reserve.

7.  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 as a member of the Selected Reserve.

	a.  A Soldier must be currently serving on active duty or as 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 benefits to eligible children.

	c.  A Soldier may only transfer benefits to eligible family members.  To be considered an eligible family member, the spouse or child must be enrolled in Defense Enrollment Eligibility Reporting System (DEERS) and be eligible for DEERS benefits.  Children lose eligible family member status upon turning age 21 or at marriage.  Eligible family member status can be extended from age 21 to age 23 only if the child is enrolled as a full-time student and unmarried (verified by DEERS).  Wards of State are not eligible for these benefits.  Once the benefits are transferred, children may use the benefits up to age 26.

	d.  A Soldier must also agree to serve the prescribed additional service obligation based on the time the Soldier had in service at the time of the election to transfer benefits.

	e.  A Soldier must have no adverse action flag and have an honorable discharge to transfer the benefits.

	f.  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 (first 90 days) of the program.  The Army, Department of Defense (DOD), and the VA initiated a public campaign plan that generated communications through military, public, and social media venues on the 
Post-9/11 GI Bill and subsequent transfer of educational benefits.

	g.  A Soldier must initially request to transfer benefits using the DOD TEB online database.  The TEB online database was operational 29 June 2009.  Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for VA access.  The respective dependent must then submit an application for VA educational benefits, VA Form 22-1990e, to request to use the benefits.

	h.  Changes to the amount of months allocated to family members can be made at any time, to include once a member leaves military service, provided the service member allocates at least 1 month of benefits 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.

8.  On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members.  The DOD 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.

9.  The DOD policy further states 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, document accordingly, and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316.

10.  Requests to transfer Post-9/11 GI Bill benefits to eligible dependents are submitted through the Defense Manpower Data Center (DMDC) web application.

11.  Military Personnel Message Number 13-102, dated 15 April 2013, subject:  Post-9/11 GI Bill TEB 4-Year Service Obligation for Approved TEB Requests Submitted on/after 1 August 2013, was issued to emphasize that all TEB requests submitted on or after 1 August 2013 would incur a 4-year service obligation from the TEB request date regardless of years in service (except when precluded by policy or statute from committing to an additional 4 years).

12.  Title 38, U.S. Code, section 3319, prohibits service members who are no longer serving on active duty or in the Selected Reserve from transferring educational benefits.  The legislation specifically states, "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."

13.  The Selected Reserve consists of those units and individuals within the Ready Reserve designated by their respective Services and approved by the Chairman of the Joint Chiefs of Staff as so essential to initial wartime missions that they have priority over all other Reserves.  The Selected Reserve consists of additional sub-subcategories:

	a.  Drilling Reservists/troop program unit personnel are trained unit members who participate in unit training activities on a part-time basis.

	b.  Training pipeline (non-deployable account) personnel are enlisted members of the Selected Reserve who have not yet completed initial active duty for training and officers who are in training for professional categories or in undergraduate flying training.

	c.  Individual Mobilization Augmentee personnel are trained individuals assigned to an Active Component, Selective Service System, or Federal Emergency Management Agency organization's billet which must be filled on or shortly after mobilization.  Individual Mobilization Augmentee personnel participate in training activities on a part-time basis with an Active Component unit in preparation for recall in a mobilization.

	d.  Active Guard and Reserve personnel are National Guard or Reserve members of the Selected Reserve who are ordered to active duty or Full-Time National Guard Duty for the purpose of organizing, administering, recruiting, instructing, or training the Reserve Component units.

14.  Individual Ready Reserve personnel provide a manpower pool composed principally of individuals having had training, having previously served in an Active Component or in the Selected Reserve, and having some period of their military service obligation remaining.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Army National Guard in March 2006 and he transferred to the U.S. Army Reserve Individual Ready Reserve on 12 March 2012.  He has not served in an active status subsequent to completing 6 years of Selected Reserve service.  As a result, he has not served in a status in which he could have elected to transfer his education benefits.  Further, based on his length of service, he would have also had to agree to serve an additional 4 years in the Selected Reserve to be eligible to transfer his education benefits.  

2.  By the time he was discharged from Army National Guard and transferred to the U.S. Army Reserve, the requirements and procedures for transfer of education benefits were well-established and well-publicized.  In view of the foregoing, there is an insufficient evidentiary basis upon which to grant the requested relief.

BOARD VOTE:

________  ________  ________  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.



      ___________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)                                         AR20140020072



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ABCMR Record of Proceedings (cont)                                         AR20140020072



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