BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130013384
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 his daughter will be attending college.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant was placed on the Retired List on 1 December 2010 after completing 20 years, 6 months, and 28 days of active duty service.
2. The Post-9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public Law
110-252, House of Representatives, 2642. In July of 2008, Congress passed a law for the Post-9/11 GI Bill which went into effect on 1 August 2009. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused educational benefits to family members. A service member may execute transfer of benefits only while serving as a member of the Armed Forces.
The Department of Veterans Affairs is responsible for final determination of eligibility for educational benefits under this program.
3. On 10 July 2009, the Army released the Post 9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his record to show he was eligible to transfer his Post-9/11 GI Bill benefits has been carefully considered.
2. The law governing the transferability of unused Post-9/11 GI Bill benefits places legal limitations on transferability. Members must register and complete transfer prior to leaving the service.
3. Department of Defense and the Army conducted massive public campaigns that generated major communications on the transfer of education benefits under the Post-9/11 GI Bill through military, public, and social media venues. He has not provided sufficient evidence which shows he was deprived of information broadly disseminated through the public campaigns.
4. The Army has generally granted relief to members who left the service within the first 90 days after implementation of the program on 1 August 2009. In this case, the applicant's last day in the service was 30 November 2010, almost
16 months after the implementation of the program. As a result, equity relief in this case would not be appropriate given that it would be contrary to law.
5. In view of the foregoing, 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.
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