IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130002231
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 record to show his education benefits were transferred to his eligible family members in a timely manner in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states he was on transition leave (12 July to 30 September 2009) at the time the program was implemented and he was not informed that he was eligible to transfer unused educational benefits to eligible family members prior to his retirement. It was only later that he learned of this program from fellow retirees with college-aged children.
3. The applicant 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 30 September 2009, the applicant retired from the Regular Army by reason of sufficient service for retirement after completing more than 20 years of creditable active service.
3. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The 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, in pertinent part, is or becomes retirement eligible during the period 1 August 2009 through 1 August 2013. 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.
4. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance for the administration of the program.
a. A Soldier must initially request to transfer benefits on the DOD's TEB online database. Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed for Department of Veterans Affairs (VA) access. The respective family member must then submit an application for VA educational benefits (VA Form 22-1990e (Application for Family Member to Use Transferred Benefits)) to request to use the benefits.
b. Changes to the number of months allocated to family members can be made at anytime, to include once the Soldier leaves military service, provided the service member allocates at least 1 month of benefits prior to separation.
5. The Department of the Army Office of the Deputy Chief of Staff, G-1, previously recommended administrative relief for applicants in similar cases who left active duty within 90 days of the implementation of the program.
DISCUSSION AND CONCLUSIONS:
1. The program was implemented on 1 August 2009. The available evidence shows the applicant was eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to his retirement.
2. His retirement date was 30 September 2009. In view of the fact that the
Post-9/11 GI Bill Transferability Program was a new program, it is not unreasonable to presume there were differing interpretations of the implementing instructions by the education counselors at installation level at the onset of implementation. He did not complete the requirements to apply to transfer educational benefits in the TEB online database. Due to his transition from military service in the second month after implementation of the program, it is particularly plausible that he was unaware of the requirement to complete an application to transfer his educational benefits while he was still on active duty.
3. Therefore, in the interest of equity, it would be appropriate to correct his record to reflect he applied to transfer his educational benefits under the
Post-9/11 GI Bill Transferability Program prior to 30 September 2009.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 Post-9/11 GI Bill benefits to his eligible family members prior to retirement, provided all other program 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) AR20130002231
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130002231
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110014677
The applicant requests, in effect, correction of his records to show he applied for the Post 9/11 GI Bill Transferability Program before he retired from active duty on 30 September 2009 in order to transfer his education benefits to his eligible dependents. If the applicant had transferred his benefits prior to leaving military service he would not have incurred an additional service obligation because he had more than 20 years of service as of 1 August 2009. e. there was no evidence the...
ARMY | BCMR | CY2012 | 20120008643
The advisory official recommended disapproval of the applicant's request because the applicant was not a member of the service on or after 1 August 2009. The applicant in this case had more than sufficient years of service upon his retirement, but he was not eligible to transfer the benefit because the law requires Soldiers to be in the service on or after 1 August 2009. c. A Soldier may only transfer to eligible family members. The policy states, in part, that those who retire on or...
ARMY | BCMR | CY2014 | 20140004799
The evidence of record shows the applicant submitted a request to transfer his education benefits under the TEB on 29 October 2009, which is within 90 days of the implementation of the program. Therefore, it would be equitable to correct his records to show he transferred the remaining balance of his educational benefits under the Post-9/11 GI Bill TEB Program to his youngest son. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2012 | 20120002773
The applicant had 16 years of service as of the programs implementation date of 1 August 2009; therefore, he was eligible to transfer to either his spouse or his children. 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. The applicant did not and could not have requested a transfer of his benefits to his dependents on 3 June 2009.
ARMY | BCMR | CY2012 | 20120010851
The applicant had more than 20 years of service upon his retirement, but he was not eligible to transfer to either his spouse or his children because the law requires Soldiers to be in the service on or after 1 August 2009. c. A Soldier may only transfer to eligible family members. If the applicant had been in the service on 1 August 2009, he would not have incurred an additional service obligation, but he was not eligible because he left service prior to 1 August 2009. e. A Soldier must...
ARMY | BCMR | CY2014 | 20140000824
IN THE CASE OF: BOARD DATE: 14 August 2014 DOCKET NUMBER: AR20140000824 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the evidence of record shows that, for whatever reason, he only transferred the benefits to his wife; he did not transfer any educational benefits in the TEB online database to either of his daughters. He has not provided sufficient evidence to show he added all of his eligible dependent's into the TEB database prior to or at the time of retirement and allocated...
ARMY | BCMR | CY2014 | 20140000824
IN THE CASE OF: BOARD DATE: 14 August 2014 DOCKET NUMBER: AR20140000824 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the evidence of record shows that, for whatever reason, he only transferred the benefits to his wife; he did not transfer any educational benefits in the TEB online database to either of his daughters. He has not provided sufficient evidence to show he added all of his eligible dependent's into the TEB database prior to or at the time of retirement and allocated...
ARMY | BCMR | CY2013 | 20130016055
The applicant requests correction of his record to show his education benefits were transferred to his eligible family members in a timely manner in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The available evidence shows the applicant was eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to retirement. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120006345
The advisory official recommended approval of the applicant's request because the applicant left the military within 90 days of implementation of the program. 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. 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...
ARMY | BCMR | CY2013 | 20130010694
The applicant requests correction of his records to show his education benefits were transferred to his eligible dependent in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The available evidence shows the applicant was eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to his retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned be...