IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130001830
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, that he be allowed to transfer his educational benefits to his daughter under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states he did not have the option to transfer the benefits while he was on active duty. The applicant states he went to the Department of Veterans Affairs (VA) and he was told that his daughter could not take advantage of his education benefits because that entitlement had not been transferred to his dependents. The applicant states he is under great stress and has filed bankruptcy. He cannot afford his daughters tuition and would very much appreciate the opportunity to transfer his educational benefits to her.
3. The applicant provides no additional documentation 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 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 2006, 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 TEB benefits. The applicant retired on 31 July 2006 before this provision of law went into effect. Unfortunately, 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) AR20130001830
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ABCMR Record of Proceedings (cont) AR20130001830
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