Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120018202
Original file (20120018202.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  18 April 2013

		DOCKET NUMBER:  AR20120018202 


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 correction of his military records to show he was eligible to Transfer his Educational Benefits (TEB) under the Post-9/11 GI Bill to his daughter.

2.  The applicant states he never knew he had to be on active duty in order to transfer his TEB to his daughter.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 31 July 2009, the applicant was retired and transferred to the U.S. Army Reserve Control Group (Retired).  He had attained the rank of sergeant first class, pay grade E-7, and had completed 22 years, 4 months, and 12 days of creditable active duty service.

3.  During the processing of this case, an unfavorable advisory opinion was obtained from Headquarters, Department of the Army, Office of the Deputy Chief of Staff, G-1, Enlisted Professional Development Branch, which recommended denying administrative relief to the applicant because he was not on active duty or a member of the Selected Reserves on or after 1 August 2009.

4.  On 20 November 2012, a copy of the advisory opinion was sent to the applicant for his information and to provide him an opportunity to rebut.  No response was received.

5.  Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits.  Further, section 3020, Public Law 110-252, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was eligible to Transfer his Educational Benefits under the Post-9/11 GI Bill to his daughter.  He argues that he did not know he had to be on active duty in order to be eligible to transfer his TEB.

2.  The available evidence clearly shows that the applicant was separated from active duty on 31 July 2009.  Soldiers must have been on active duty or a member of the Selected Reserve on or after 1 August 2009 to be eligible to transfer their 9/11 GI Bill benefit.  Accordingly, the applicant did not meet the requirements.

3.  In view of the above, the applicant's request should be denied.

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 that 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)                                         AR20120018202





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120018202



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110020474

    Original file (20110020474.txt) Auto-classification: Denied

    The applicant requests approval of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to his dependent daughter. The applicant is not eligible to transfer benefits under the Post-9/11 GI Bill Transferability Program to his daughter because he was not on active duty or a member of the Selected Reserve on or after 1 August 2009 which is a requirement established in law. The policy further states the Secretaries of the Military Departments will provide active duty participants...

  • ARMY | BCMR | CY2012 | 20120010903

    Original file (20120010903.txt) Auto-classification: Denied

    Public Law 110-252 also established the legal requirements for the transferability of 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. c. The applicant's last day of service with the Army National Guard was 31 January 2011. The evidence of record shows the applicant was transferred to the Retired Reserve on 31 January 2011. As the applicant failed to transfer the benefits to his son while...

  • ARMY | BCMR | CY2012 | 20120011135

    Original file (20120011135.txt) Auto-classification: Denied

    The applicant is not eligible to transfer her education benefits to her dependent under the provisions of the Post-9/11 GI Bill because she did not provide evidence showing she attempted to transfer them to her dependent daughter, C.M., prior to leaving military service. The applicant transferred education benefits to her dependent child, B.M.D., while she was still in military service. The evidence of record shows she was fully eligible to transfer her educational benefits under the TEB...

  • ARMY | BCMR | CY2012 | 20120009421

    Original file (20120009421.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 13 December 2012 DOCKET NUMBER: AR20120009421 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Military Personnel Records and advisory opinions (if any). However, since he retired on 31 December 2006 which is prior to implementation of the Post-9/11 GI Bill, he is not eligible to transfer benefits to family members under this program.

  • ARMY | BCMR | CY2012 | 20120011060

    Original file (20120011060.txt) Auto-classification: Approved

    The applicant requests approval of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to her daughter. The evidence of record shows the applicant retired from active duty on 31 October 2009 which is within 90 days of the implementation of the program. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she filed her application and the Army approved her request to transfer Post-9/11 GI Bill...

  • ARMY | BCMR | CY2014 | 20140011763

    Original file (20140011763.txt) Auto-classification: Denied

    The applicant requests an exception to policy to transfer unused education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of 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 duty or 20 qualifying years of Reserve service. 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...

  • ARMY | BCMR | CY2012 | 20120005622

    Original file (20120005622.txt) Auto-classification: Denied

    A VA Certificate of Eligibility, dated 23 February 2012, shows the applicant was approved to transfer 36 months of education benefits to her daughter under the Post 9/11 GI Bill. The applicant had nearly 12 years of service as of the program’s implementation date of 1 August 2009; therefore, she was eligible to transfer to either her spouse or her children. She transferred benefits to her dependent on 19 January 2012. d. A Soldier must also agree to serve the prescribed additional service...

  • ARMY | BCMR | CY2012 | 20120008469

    Original file (20120008469.txt) Auto-classification: Denied

    The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009. The evidence of record shows he was honorably retired from the MAARNG on 20 June 2009 after completing more than 28 years of service. There is no evidence of record and he provided none to show he met all of the requirements...

  • ARMY | BCMR | CY2014 | 20140014424

    Original file (20140014424.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 26 May 2015 DOCKET NUMBER: AR20140014424 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests to transfer education benefits to his daughter under the Transfer of Education Benefits (TEB) provision of 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 duty or 20 qualifying years of Reserve service.

  • ARMY | BCMR | CY2014 | 20140020038

    Original file (20140020038.txt) Auto-classification: Denied

    The applicant requests reconsideration of his earlier request for correction of his records to show he applied to transfer his educational benefits to his daughter under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill before he left active duty on 17 August 2010. Public Law 110-252, as amended by Public Law 111-377, identifies the qualification to receive the Post-9/11 GI Bill, one of which is the service member must have performed on or after 11 September 2001...