IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130015149
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, the daughter of a deceased former service member (FSM), requests correction of the FSM's records to show her mother elected transfer of her educational benefits to her daughter under the Post-9/11 GI Bill transferability provision.
2. The applicant states:
* the FSM is deceased
* she thought she would have more time to transfer GI Bill benefits
3. The applicant provides:
* FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty)
* FSM's death certificate
* U.S. Uniformed Services Identification and Privilege Card
* Birth certificate
* FSM's marriage certificate
* FSM's divorce decree
CONSIDERATION OF EVIDENCE:
1. After completing over 21 years of creditable active service, the FSM retired from the Army National Guard on 31 January 2008 in the rank/grade of sergeant first class.
2. The FSM died on 18 February 2011.
3. 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 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:
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, since the FSM retired on 31 January 2008, approximately 18 months prior to the implementation of the Post-9/11 GI Bill Transferability Program, she was not eligible to transfer benefits under the program to her dependents.
2. The applicant and all others concerned should know that this action in no way diminishes the sacrifices the FSM made in service to our Nation. The applicant and all Americans should be justifiably proud of her service in arms.
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) AR20130015149
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ABCMR Record of Proceedings (cont) AR20130015149
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