IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130013167
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, an exception to policy to transfer his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states:
* he retired out of the Virgin Islands National Guard and he was never given a retirement briefing
* he was unaware his Post 9/11 education benefits were transferable and, therefore, not afforded the opportunity to complete the necessary documentation to transfer the benefits
* his daughter applied for college and her counselor discovered he had never transferred the benefit and advised him he needed to be on active duty to transfer benefits
3. The applicant provides no additional documentation in support of his application.
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. Orders Number 018-502, issued by the Joint Task Force Headquarters Virgin Islands, Christiansted, Virgin Islands, dated 18 January 2008, show the applicant was honorably discharged on 31 December 2007 and transferred to the Retired Reserve.
3. Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits.
a. The 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.
b. A Soldier must be currently on active duty or a member of the Selected Reserve at the time of transfer of education benefits to his or her dependent (on or after 1 August 2009).
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for an exception to policy to transfer educational benefits to his family members under the TEB provision of the Post-9/11 GI Bill was carefully considered.
2. The applicant was neither on active duty nor in the Selected Reserve at the time this program was implemented. By law, he is not eligible.
3. In view of the foregoing, 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) AR20130013167
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ABCMR Record of Proceedings (cont) AR20130013167
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