BOARD DATE: 21 May 2013
DOCKET NUMBER: AR20120019233
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 Post-9/11 GI Bill education benefits to his son.
2. The applicant states he should be allowed to transfer his education benefits to his son due to the lack of or misinformation of the Post-9/11 GI Bill. His son is currently enrolled in college as a junior majoring in graphic design. The applicant states during the time of his discharge and the events surrounding his discharge (9/11) there was much confusion and disbelief that such an attack had taken place. Many of the veterans being discharged during that time were misinformed or not informed at all.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 October 2002, the applicant retired by reason of sufficient service for retirement.
3. Public Law 110-252 established the Post-9/11 GI Bill and authorized transfer of unused education benefits to eligible dependents. The law limits eligibility to transfer unused education benefits to those members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.
DISCUSSION AND CONCLUSIONS:
Public Law 110-252 established 1 August 2009 as the effective date of the Post-9/11 GI Bill provisions for transfer of education benefits. The applicant retired on 31 October 2002 before this provision of law went into effect. Therefore, there is no basis for granting the applicant's 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 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) AR20120019233
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ABCMR Record of Proceedings (cont) AR20120019233
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