IN THE CASE OF:
BOARD DATE: 7 May 2013
DOCKET NUMBER: AR20120018788
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 transfer of his education benefits to his son under the transfer of education benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states when he retired he received very little information on retirement benefits and he was not aware of this benefit until recently.
3. The applicant provides the documents identified in item 9 (In support of this application, I submit as evidence the following attached documents) of his application in support of his request.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants record contains Mississippi Military Department, The Adjutant Generals Office, Orders 217-834, dated 5 August 2009, showing the applicant was discharged from an active Army National Guard status and transferred to the Retired Reserve, in the rank of master sergeant, effective 11 October 2009.
3. The Post 9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public
Law 110-252, House of Representatives, 2642. In July of 2008, Congress passed a law for the Post 9/11 GI Bill which went into effect on 1 August 2009. Program guidance stipulates that if a service member becomes retirement eligible during the period beginning on 1 August 2009 through 1 August 2013 and agrees to serve the additional period as specified below, he/she is entitled to transfer benefits to his/her dependents. A member is considered to be retirement eligible upon completion of 20 years of active Federal service or 20 qualifying years as computed under Title 10, U.S. Code, section 12732:
4. In similar cases, the Deputy Chief of Staff, G-1 has opined that although significant measures were taken to disseminate the information to all Soldiers within Army components during the initial phase of the program, many Soldiers who left service or started transition leave during the first 90 days of the program were not fully aware of the requirement to transfer prior to leaving military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his record be corrected to show he applied for and the Army approved the transfer of his education benefits to his family members under the TEB provision of the Post 9/11 GI Bill prior to his release from active ARNG/Reserve status on 11 October 2009.
2. The Post 9/11 GI Bill was implemented on 1 August 2009 and information pertaining to the transferability of entitlements was disseminated down to education counselors at the installation level. However, the Army has acknowledge that specific guidance on the requirement to apply for the benefit prior to leaving military service was not fully available to members who transitioned within the first 90 days after implementation of the program on
1 August 2009,
3. The evidence of record shows the applicant was transferred to the Retired Reserve on 11 October 2009 within 90 days of implementation of the program. In view of the fact that transfer application procedures were not fully available to service members who transitioned within the first 90 days of implementation of the program it would serve the interest of equity to correct his record to reflect he applied to transfer his education benefits to his family members under the TEB provision of the Post 9/11 GI Bill upon implementation of the program while still on active duty.
BOARD VOTE:
____x___ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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 filed his application and the Army approved his request to transfer his education benefits to his family members under the TEB provision of the Post 9/11 GI Bill prior to his transfer to the Retired Reserve provided all other 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) AR20120018788
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120018788
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140000172
Service members must have served on active duty in the Regular Army or as a Reserve member ordered to active duty under Title 10, U.S. Code, sections 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 (orders in support of contingency operations, i.e., mobilization), and must have received an honorable discharge at the conclusion of active duty service. However, specific guidance for the requirement to apply for the benefits prior to leaving military service was not fully available to...
ARMY | BCMR | CY2012 | 20120008984
The applicant requests approval of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to his spouse. 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 he filed his application and the Army approved his request to transfer Post-9/11 GI Bill educational...
ARMY | BCMR | CY2012 | 20120012592
The applicant requests correction of his records to show he applied to transfer his education benefits to his dependents under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill prior to leaving the military. The evidence of record confirms the applicant was on transition leave within 90 days of 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 the applicant...
ARMY | BCMR | CY2014 | 20140012383
The applicant requests that he be allowed to transfer educational benefits to his daughter under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill. No additional service was required by service members who had an approved retirement date after 1 August 2009 and before 1 July 2010. As a result, the Board recommends that the state Army National Guard records and all Department of the Army records of the individual concerned be corrected by showing the applicant...
ARMY | BCMR | CY2014 | 20140006599
The applicant requests an exception to policy to transfer educational benefits to his family member under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill. No additional service required Service members who have an approved retirement date after 1 August 2009 and before 1 July 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army...
ARMY | BCMR | CY2012 | 20120007860
The applicant had more than 20 years of service upon retirement, so he was eligible to transfer to either his spouse or children (if he completed the request before leaving military service). The applicant contends his records should be corrected to allow him, as an exception to policy, to transfer his educational benefits to eligible dependents under the TEB provision of the Post-9/11 GI Bill. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2014 | 20140003676
The applicant requests transfer of his education benefits to his son under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill. The program was implemented in August 2009 and he retired on 30 November 2009 after completing just over 20 years of active duty service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army approved his request to...
ARMY | BCMR | CY2011 | 20110000253
The applicant requests approval of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to his dependents. The law 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. b. the applicant is eligible to transfer benefits under the Post 9/11 GI Bill TEB Program to his dependents because he left the service within 90 days of the implementation of the...
ARMY | BCMR | CY2012 | 20120008117
He was eligible to transfer benefits under the Post 9/11 GI Bill transferability program because his last day in service was 30 September 2009. b. The evidence of record shows he was honorably retired on 30 September 2009, after completing more than 30 years of service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army approved his request to transfer Post 9/11 GI...
ARMY | BCMR | CY2011 | 20110014582
He states that he retired from active duty on 31 October 2009 and he was eligible to transfer his educational benefits to his dependents under the TEB provisions of the Post-9/11 GI Bill because he had an approved retirement date after 1 August 2009 and before 1 July 2010, with no additional service required. The applicant's military records show he enlisted in the Regular Army on 7 September 1988 and he was honorably retired on 31 October 2009. As a result, the Board recommends that...