IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130014870
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 that he transferred his education benefits under the Post/9-11 GI benefits to his spouse and children prior to his retirement; however, it appears that a computer system error caused his family members to be removed from the program.
3. The applicant provides email correspondence and a Department of Defense, Manpower Data Center memorandum, dated 13 February 2013.
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 30 June 2010, the applicant retired by reason of sufficient service for retirement after completing 20 years, 7 months, and 15 days of creditable active service.
3. He provides a memorandum issued by the Manpower Data Center, dated
13 February 2013, which shows that he was approved by his Service to transfer his Post-9/11 GI Bill benefits on 27 August 2009; however, this document does not list any of his eligible family members. Further, on this date the applicant had completed 19 years, 9 months, and 12 days of active duty service.
4. 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.)
5. 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 30 June 2010.
2. The applicant was fully eligible for the Post-9/11 GI bill and he provided an approval memorandum which shows that he applied and was approved to transfer his benefits to his eligible dependents effective 27 August 2009; however on this date he had not completed 20 years of service and this could possibly be the reason that his dependents are not listed on the approval notification.
3. Based on his actions it is reasonable to presume that the applicant intended to transfer his Post-9/11 education benefits to his family members prior to his retirement; therefore, it would serve the interest of equity to correct his record to reflect he applied to transfer his education benefits to his eligible family members under the Post 9/11 GI Bill.
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 family members 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) AR20130014870
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ABCMR Record of Proceedings (cont) AR20130014870
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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