Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130008986
Original file (20130008986.txt) Auto-classification: Denied

		IN THE CASE OF: 

		BOARD DATE:	    23 January 2014

		DOCKET NUMBER:  AR20130008986 


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 granted a waiver to transfer his GI Bill education benefits (TEB) to his child.

2.  The applicant states that he retired on 30 June 2009, 30 days prior to the 
1 August 2009 implementation of the policy allowing transfer of education benefits to dependents.  He goes on to state that he served almost 24 years and missed the assigned date by 30 days; however, he falls within 90 days of the implementation date.  

3.  The applicant provides a copy of 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.  The applicant entered active duty on 12 August 1985.  He was promoted to the rank of colonel on 1 July 2002 and served in Iraq during the period 19 October 2006-18 January 2008.

3.  On 30 June 2009, he was honorably retired due to sufficient service for retirement.  He had served 23 years, 10 months, and 19 days of active service.

4.  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 agrees to certain other requirements.

DISCUSSION AND CONCLUSIONS:

1.  The law implementing the TEB went into effect 1 August 2009 and required that members must be in an active status in order to affect such a transfer.  There are no provisions that allow TEB prior to the implementation of the law.

2.  While the applicant’s dedicated service to his country is deeply appreciated, there is no error or injustice in his case as everyone who separated from the service prior to 1 August 2009 have also been denied the opportunity to TEB to their dependents.

3.  Accordingly, there appears to be no basis to grant the applicant’s request to TEB to his dependents.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.




      ____________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)                                         AR20130008986





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008986



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110016816

    Original file (20110016816.txt) Auto-classification: Approved

    The applicant requests approval of the Transfer of Educational Benefits (TEB) to his dependents under the Post-9/11 GI Bill to as indicated: * S.P.R. He states: * he received inaccurate, incomplete information from Army personnel regarding the TEB under the Post-9/11 GI Bill during the implementation of the program and prior to his departure from active duty in 2009 * he out-processed at Fort Monroe, Virginia on 26 June 2009 and retired on 31 August 2009; he was fully eligible to...

  • ARMY | BCMR | CY2011 | 20110014677

    Original file (20110014677.txt) Auto-classification: Approved

    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 | CY2014 | 20140018815

    Original file (20140018815 .txt) Auto-classification: Approved

    Although significant measures were made by DOD, the VA, and the Army to disseminate the information to all Soldiers within all Army components during the initial phase of the program, many Soldiers who left the service during the first 90 days of the program were not fully aware of the requirement to transfer benefits prior to leaving military service. The available evidence shows the applicant was fully eligible to transfer his educational benefits under the TEB provision of the Post-9/11...

  • ARMY | BCMR | CY2012 | 20120007459

    Original file (20120007459.txt) Auto-classification: Approved

    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...

  • ARMY | BCMR | CY2014 | 20140015550

    Original file (20140015550.txt) Auto-classification: Approved

    The evidence shows the applicant was fully eligible to transfer his unused education benefits under the TEB provision of the Post-9/11 GI Bill prior to his retirement date of 12 September 2009. Therefore, as a matter of equity, his records should be corrected to show he made a timely application to transfer at least 1 month of his unused education benefits to his eligible dependents, in accordance with the TEB provisions of the Post-9/11 GI Bill, prior to his transfer to the Retired Reserve...

  • ARMY | BCMR | CY2012 | 20120009565

    Original file (20120009565.txt) Auto-classification: Denied

    The applicant had 23 years of service upon his separation from the ARNG; furthermore, he was not eligible to transfer benefits to dependent because the law requires Soldiers to be on active duty or in the Selected Reserve on or after 1 August 2009. a. If the applicant had been in the Selected Reserve or on active duty on 1 August 2009, he would not have incurred an additional service obligation, but he was not eligible because he was not on active duty and left the ARNG prior to 1 August...

  • ARMY | BCMR | CY2011 | 20110018668

    Original file (20110018668.txt) Auto-classification: Approved

    The applicant requests approval of transfer of educational benefits (TEB) under the Post 9/11 GI Bill to his dependents. In view of the available evidence and the advisory opinion, it would be appropriate to correct his record to show he submitted a timely request to transfer his Post 9/11 GI Bill benefits to his dependents prior to his retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant...

  • ARMY | BCMR | CY2012 | 20120001329

    Original file (20120001329.txt) Auto-classification: Approved

    The applicant requests, in effect, an exception to policy to transfer his educational benefits to eligible dependents under the Transfer of Education Benefits (TEB) provisions of the Post 9/11 GI Bill. The applicant contends his records should be corrected to allow him, as an exception to policy, to transfer his educational benefits to eligible dependents under the TEB provision of the Post 9/11 GI Bill. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2011 | 20110017538

    Original file (20110017538.txt) Auto-classification: Denied

    He states Directive-Type Memorandum (DTM) 09-003, subject: Post-9/11 GI Bill, refers to 15 years to use benefits and then refers to a requirement to be on active duty to transfer 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 Component 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...

  • ARMY | BCMR | CY2012 | 20120004637

    Original file (20120004637.txt) Auto-classification: Approved

    The applicant requests correction of his records to show his educational benefits were transferred to his eligible dependents 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 he 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 individual concerned...