Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140000990
Original file (20140000990.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20140000990 


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 an exception to policy to transfer education benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his wife.

2.  The applicant states that during his transition from the military, this program was not clear and/or was not explained to him.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and retirement orders.

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.  The applicant enlisted in the Regular Army on 8 August 1989.  He attained the rank/grade of sergeant first class (SFC)/E-7.

3.  On 31 August 2009, he was retired by reason of sufficient service for retirement.  He was placed on the Retired List in his retired rank of SFC/E-7 on 1 September 2009.  He completed 20 years and 23 days of creditable active service.

4.  On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members.  The policy states any member of the Armed Forces on or after 1 August 2009 who, at the time of the 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 is or becomes retirement eligible during the period from 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 policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was fully eligible to transfer his educational benefits under the TEB prior to retirement, but he did not do so.  The program was implemented in July 2009 and the applicant retired on 31 August 2009.

2.  The DOD, VA, and the Army conducted a massive public campaign plan that generated major communications through military, public, and social media venues.  The information was published well in advance with emphasis on the criteria.  A Soldier must meet various criteria to qualify to transfer benefits to an eligible dependent.

3.  Nevertheless, during the initial implementation of this new program, many Soldiers in all grades were confused regarding their eligibility and/or the procedure to apply for such benefits.  This confusion was exacerbated with heavy use of the DOD website and the lack of proper log-in credentials for those who may have signed out on transition leave within 60 to 90 days of the program implementation.  Similarly, officials at some education centers may have also been confused regarding the implementation instructions and may not have conducted proper counseling.

4.  The applicant's retirement date was 31 August 2009.  It is reasonable to presume that had he been aware of the procedure to transfer his benefits while in an active duty status he would have done so.  Therefore, as a matter of equity, his records should be corrected to show he did so in a timely manner prior to his effective date of retirement.

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)                                         AR20140000990



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140000990



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120009634

    Original file (20120009634.txt) Auto-classification: Denied

    The applicant states: * he was never informed of Post-9/11 GI Bill or the requirement to be on active duty to transfer this benefit * he believes he should have been informed of his eligibility during his outprocessing briefing * he was not required to serve any additional service and had met the requirements; he retired on 30 November 2009 3. The advisory official recommended approval and stated the applicant gained eligibility for the Post-9/11 GI Bill benefit before he left the service;...

  • ARMY | BCMR | CY2013 | 20130005370

    Original file (20130005370.txt) Auto-classification: Approved

    The applicant requests correction of his records to show he made a timely application, prior to his effective date of retirement, to transfer his unused education benefits to his eligible dependent, in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The evidence shows the applicant was fully eligible to transfer his unused education benefits under the TEB provision of the Post-9/11 GI Bill prior to his retirement date of 31 August 2009. As a...

  • ARMY | BCMR | CY2014 | 20140015223

    Original file (20140015223.txt) Auto-classification: Denied

    The applicant contends that his military records should be corrected to show he requested a TEB prior to his retirement because he was not made aware that it had to be done before leaving active duty. The applicant was fully eligible to transfer his education benefits under the TEB provision prior to retirement, but he did not do so. Prior to retirement, he did not apply for the transfer of benefits while serving on active duty.

  • ARMY | BCMR | CY2012 | 20120018779

    Original file (20120018779.txt) Auto-classification: Denied

    The applicant's last day in military service was 31 August 2011. b. A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer to eligible children. Once the benefits are transferred, children may use the benefits up to age 26. d. A Soldier must also agree to serve the prescribed additional service obligation based on the time the Soldier had in service on 1 August 2009. e. A Soldier...

  • ARMY | BCMR | CY2012 | 20120000807

    Original file (20120000807.txt) Auto-classification: Approved

    He would have been eligible to transfer the benefits before he retired. The policy states 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. 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 | BCMR | CY2012 | 20120018251

    Original file (20120018251.txt) Auto-classification: Approved

    He would have been eligible to transfer the benefits to his spouse or children before he retired, if he completed the request before leaving military service. The respective family member must then submit an application for VA educational benefits, VA Form 22-1990e, to request to use the benefits. 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...

  • ARMY | BCMR | CY2012 | 20120007081

    Original file (20120007081.txt) Auto-classification: Approved

    The individual must have 6 years of eligible service to transfer the benefits to a spouse and 10 years to transfer the benefits to children. He would have been eligible to transfer the benefits to his spouse or children before he retired, if he completed the request before leaving military service. 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...

  • ARMY | BCMR | CY2013 | 20130000815

    Original file (20130000815.txt) Auto-classification: Approved

    The applicant states: * he was told that the reason he could not transfer his education benefits was because he did not sign a release document when he retired * he inquired about this program, prior to his retirement in September 2009 but he does not remember anyone telling him about a release form * he retired within 90 days of this program implementation and he was unaware of the proper steps he needed to follow * he served and he has earned his education benefits 3. This provision of...

  • ARMY | BCMR | CY2013 | 20130010014

    Original file (20130010014.txt) Auto-classification: Approved

    The applicant requests correction of his records to show approval to transfer his educational benefits to his son under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant's retirement date was 31 August 2009; however, the evidence of record shows he was counseled on educational benefits in September 2008 and presumably departed on transition leave prior to the date the TEB online database was operational. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2012 | 20120007508

    Original file (20120007508.txt) Auto-classification: Approved

    The advisory official recommended approval of the applicant's request because the applicant left the military within 90 days of implementation of the program. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. 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...