BOARD DATE: 19 September 2013
DOCKET NUMBER: AR20130003798
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 approval for transfer of his Post-9/11 GI Bill benefits to his eligible family members.
2. The applicant states he was not made aware that he needed to request the transfer while he was on active duty. He is now a disabled veteran and going through a hardship situation.
3. The applicant provides no additional evidence.
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 21 October 2004, the applicant was discharged from the Army National Guard and the Reserve of the Army due to a disability with entitlement to severance pay. He completed 5 years, 8 months, and 29 days of active duty service.
3. Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits. Section 3020 of 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 he should be allowed to transfer his Post-9/11 GI Bill benefits to his eligible family members. He argues that he was not made aware he needed to transfer the benefits while he was serving on active duty.
2. The available evidence shows his last day on active duty was 21 October 2004. 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, he did not meet the eligibility requirements.
3. Based on the above, there is no basis to grant the 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) AR20130003798
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130003798
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130017053
The applicant states he was not properly informed of the requirement to transfer educational benefits under the TEB provision of the Post-9/11 GI Bill to his immediate family members prior to his retirement from the U.S. Army Reserve. 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. His request to correct his record to show he was eligible to transfer his Post-9/11 GI Bill benefits has...
ARMY | BCMR | CY2013 | 20130005723
The applicant requests, in effect, transfer of educational benefits under the Transfer of Educational Benefits (TEB) provision of the Post-9/11 GI Bill to his family members. 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. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2011 | 20110019878
The applicant requests adjustment of the date he was transferred to the Retired Reserve so he can transfer educational benefits under the Transfer of Educational Benefits (TEB) provisions of the Post-9/11 GI Bill to his family members. The official stated the applicant's last day of service with the ARNG was 31 August 2010 but he did not transfer his benefit prior to this date. c. A Soldier may only transfer to eligible dependents.
ARMY | BCMR | CY2012 | 20120008469
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 | CY2012 | 20120010903
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
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 | CY2014 | 20140013778
A Soldier must currently be on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her dependent on or after 1 August 2009. Prior to retirement, he did not apply for the transfer of benefits while still serving in the Selected Reserve. 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 | CY2012 | 20120009401
The applicant states, in effect, at the time of retirement, he was not informed his GI Bill educational benefits were non-transferable after retirement from the Army National Guard (ARNG). This 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. c. The ARNG, DoD, and VA initiated a massive public campaign plan that generated major communications through...
ARMY | BCMR | CY2013 | 20130000815
The applicant states: * he was told that the reason he could not transfer his education benefits was because he did not sign a release document when he retired * he inquired about this program, prior to his retirement in September 2009 but he does not remember anyone telling him about a release form * he retired within 90 days of this program implementation and he was unaware of the proper steps he needed to follow * he served and he has earned his education benefits 3. This provision of...
ARMY | BCMR | CY2012 | 20120007459
The applicant had more than 20 years of service upon his retirement, so he was eligible to transfer his benefits to either his spouse or his children if he had completed the request before leaving service. 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 available evidence shows the applicant was fully eligible to transfer his educational benefits under the TEB provision of the 9/11 GI...