IN THE CASE OF:
BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130008808
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 that he be allowed to transfer his education benefits to his children under the transfer of education 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. He returned from a tour in Iraq in May 2006 and did not learn of the Post-9/11 GI Bill until after his retirement in May 2007. He was told that he was not entitled to the education benefit because he was no longer in an active status. He did not leave the service voluntarily but was separated due to his mandatory removal date.
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 May 2007, the applicant was honorably separated from the Army National Guard and transferred to the U.S. Army Reserve (USAR) Control Group (Retired) by reason of maximum allowable age.
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. The applicant was placed in the USAR Control Group (Retired) on 31 May 2007 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) AR20130008808
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130008808
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120002954
The applicant requests correction of his records to show he elected to transfer his educational benefits to his dependents under the Post-9/11 GI Bill program. If he would have submitted a request via the TEB online database on or after 15 January 2010, he would have been disapproved because he was a member of the IRR, not a member of the Selected Reserve, and was subsequently transferred to the Retired Reserve effective 1 June 2010. e. A Soldier must also agree to serve the prescribed...
ARMY | BCMR | CY2013 | 20130017790
Wards of states are not eligible to receive transferred benefits. The VA cannot establish eligibility for TEB benefits until DoD approves the service member's request to transfer benefits. The applicant contends that her records should be corrected to allow her to transfer her educational benefits under the TEB provision of the Post-9/11 GI Bill to her ward.
ARMY | BCMR | CY2012 | 20120011637
The respective dependent must then submit an application for DVA educational benefits to request to use the benefits. 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. However, there is no evidence of record and he provided no evidence which shows he transferred his Post 9/11 GI Bill benefits to his dependents prior to his transfer to the Retired Reserve on 9 September 2010.
ARMY | BCMR | CY2011 | 20110007920
A Soldier must be currently on active duty or a member of the Selected Reserves at the time of transfer of education benefits to his or her dependent (on or after 1 August 2009). The applicant in this case had more than 20 years of service upon his retirement, so he was eligible to transfer to either his spouse or children (if he completed the request before leaving military service). He was also eligible to transfer his education benefits to his dependent(s) under the TEB prior to his...
ARMY | BCMR | CY2014 | AR20140009751
The applicant states, in effect: * he retired on 1 August 2010 * he transferred education benefits to one child before he retired * his retirement briefing did not notify him that, for his other two sons to be eligible, he needed to transfer a portion of the education benefit to each * he was told nothing could be done, but recently learned he could request relief from the Board 3. The policy states eligible individuals include any member of the Armed Forces on or after 1 August 2009 who,...
ARMY | BCMR | CY2012 | 20120008133
The applicant in this case had more than 20 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 dependents. If the applicant had been in the service on or after 1 August 2009 he would not have incurred an additional service obligation but he left service prior to 1 August 2009. e. A Soldier must have no adverse action flag and have an...
ARMY | BCMR | CY2012 | 20120018197
The applicant had 25 years of service upon his retirement, but he was not eligible to transfer to either spouse or his children because the law required Soldiers to be in the service on or after 1 August 2009. d. A Soldier may only transfer to eligible dependents. The applicant contends that his records should be corrected to allow him to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill. As his last day in military service was 30 September 2008 and there...
ARMY | BCMR | CY2012 | 20120008109
The applicant requests, in effect, an exception to policy to transfer educational benefits to his spouse under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant states he was never informed nor was he aware that the Post 9/11 GI Bill benefits had to be transferred while still in service. 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...
ARMY | BCMR | CY2012 | 20120007756
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. A Soldier must have at least 6 years of eligible service in order to transfer education benefits to a spouse and at least 10 years of eligible service to transfer to eligible children. However, as the applicant had been in the Selected Reserve (in the ARNG...
ARMY | BCMR | CY2012 | 20120006399
The applicant had more than 22 years of service upon her transfer to the Retired Reserve, so she was eligible to transfer to either spouse or children (if she completed the request before leaving military service). c. a Soldier may only transfer benefits to eligible family members. Those who retired on or after 1 August 2009, by law, were eligible to transfer unused Post-9/11 GI Bill benefits providing he or she requested to transfer TEB prior to the day of retirement or transfer to the...