Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130013932
Original file (20130013932.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130013932 


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 transfer of his Post-9/11 GI Bill benefits to his spouse.

2.  He states he was not briefed on transfer of Post-9/11 GI Bill benefits and did not have the opportunity to transfer his benefits to his spouse because he went on terminal leave in July 2009 before the program began.  He would like to transfer his benefits to his spouse so she may complete her education.  

3.  He provides:

* memorandum, subject:  Transferability of Chapter 33 Post 9-11 Education Benefits
* DA Form 31 (Request and Authority for Leave)
* 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.  On 31 October 2009, the applicant retired by reason of sufficient service for retirement after completing 22 years and 11 days of creditable active service.

3.  He provides a DA Form 31 showing his request for terminal leave from 8 July to 31 October 2009 was approved and assigned a control number.

4.  He provides a memorandum, subject:  Transferability of Chapter 33 Post 9-11 Education Benefits, dated 30 June 2013, from a Guidance Counselor at Headquarters, U.S. Army Garrison, Fort Drum, NY.  The memorandum states that, according to the Fort Drum Installation Clearance Record, the applicant was cleared from the Fort Drum Education Center on 15 June 2009, and he was not briefed on the Post 9-11 GI Bill transferability option.

5.  On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members.  The policy states any member of the Armed Forces on or after 1 August 2009 may transfer benefits if, at the time of the approval of the request to transfer entitlement to educational assistance under this section, the member is eligible for the Post-9/11 GI Bill and:

	a.  has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election; or

	b.  has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute; or

	c.  is or becomes retirement eligible during the period 1 August 2009 through 1 August 2013.  (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.)

6.  The Army, Department of Defense, and Department of Veterans Affairs initiated a massive public campaign that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and transfer of education benefits.  However, during the first 90 days of the program, many Soldiers did not receive information on the requirements of the program.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant retired on 31 October 2009 after a period of terminal leave that began before implementation of the program authorizing transfer of Post-9/11 GI Bill benefits.

2.  The available evidence supports correcting his record to show he submitted a timely request to transfer his Post-9/11 GI Bill benefits to his spouse prior to his retirement.  Therefore, his record should be corrected as recommended below.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  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 transfer Post-9/11 GI Bill benefits to his spouse prior to his retirement, provided all other program eligibility criteria are met.



      ______________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)                                         AR20130013932





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013932



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140017250

    Original file (20140017250.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his record to show he submitted a timely application to transfer his Post 9/11 GI Bill education benefits to his spouse. On 1 May 2013, after his retirement, the applicant states he found out through other retired service members that he should have been grandfathered into the Post 9/11 GI Bill since there was a period from approximately May 2009 to late 2010 that retired Soldiers were able to receive the Post 9/11 GI Bill benefits for their...

  • ARMY | BCMR | CY2012 | 20120009459

    Original file (20120009459.txt) Auto-classification: Denied

    He further states he was briefed on the Post-9/11 GI Bill TEB, but he was not informed that he had to be on active duty to transfer the benefits. The applicant had more than 20 years of service upon his retirement; therefore, he was eligible to transfer benefits to either his spouse or his children (if he completed the request before leaving military service). The evidence of record shows the applicant was eligible to transfer his educational benefits to his family members under the TEB...

  • ARMY | BCMR | CY2012 | 20120005804

    Original file (20120005804.txt) Auto-classification: Approved

    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 and the advisory opinion support correcting her record to show she submitted a timely request to transfer her Post-9/11 GI Bill benefits to her eligible family members prior to her retirement. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing...

  • ARMY | BCMR | CY2011 | 20110012551

    Original file (20110012551.txt) Auto-classification: Approved

    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 on or after 1 August 2009. b. the applicant is eligible to transfer benefits under the Post 9/11 GI Bill TEB Program to his dependents because he left the service within 90 days of the implementation of the program. The applicant was fully eligible to transfer his education benefits under the TEB prior to retirement but did not do...

  • ARMY | BCMR | CY2014 | 20140004202

    Original file (20140004202.txt) Auto-classification: Denied

    The applicant requests an exception to policy to transfer his unused education benefits to his family members under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The website did not provide any indication that he submitted a request to transfer his benefits. There is insufficient evidence that shows the applicant submitted a request to transfer the education benefits to his family member(s) while on active duty and/or in the Selected Reserve.

  • ARMY | BCMR | CY2012 | 20120008984

    Original file (20120008984.txt) Auto-classification: Approved

    The applicant requests approval of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to his spouse. The evidence of record shows the applicant retired from active duty on 31 October 2009 which is within 90 days of the implementation of the program. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he filed his application and the Army approved his request to transfer Post-9/11 GI Bill educational...

  • ARMY | BCMR | CY2012 | 20120011778

    Original file (20120011778.txt) Auto-classification: Approved

    The applicant had more than 20 years of service upon retirement; therefore, he was eligible to transfer to either his spouse or children (if he completed the request before leaving military service). Counsel requests, in effect, the applicant be given relief by correcting his records to show he elected to transfer benefits under the Post 9/11 GI Bill to his eligible family members prior to his retirement date. The applicant and counsel contend his record should be corrected to allow him to...

  • ARMY | BCMR | CY2014 | 20140012812

    Original file (20140012812.txt) Auto-classification: Denied

    DOD policy further states the Secretaries of the Military Departments will provide active duty participants individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316. The applicant contends his records should be corrected to allow him to transfer his unused Post-9/11 GI Bill education benefits...

  • ARMY | BCMR | CY2011 | 20110017776

    Original file (20110017776.txt) Auto-classification: Approved

    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 on 31 August 2009 after completing more than 22 years of service. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2013 | 20130019514

    Original file (20130019514.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show he transferred his educational benefits to his sons under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The Army did not have a record of his GI Bill. Records show the applicant was eligible to transfer his educational benefits under the TEB prior to retirement, but there is no convincing evidence showing he did so.