IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140003356
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 he was never briefed on legislative efforts to allow the transferability and as a result, he never designated his dependents as possible transfer candidates. His son was recently accepted to the University of Virginia Law School and this would be a perfect use for his GI Bill. Upon attending mandatory counseling and briefs at his final duty station, he was not briefed on the transfer options of the GI Bill. Retirement briefs and documentation relating to the GI Bill did not make any indication of transferability or the identification of designating family members.
3. The applicant provides a 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. The applicant's DD Form 214 shows he was retired on 31 January 2008 after completing over 20 years of active duty service.
3. Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits. Section 3020 of Public Law 110-252 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.
DISCUSSION AND CONCLUSIONS:
The available evidence shows his last day in the service was 31 January 2008. Soldiers must have been on active duty or a member of the Selected Reserve on or after 1 August 2009 to be eligible to transfer their 9/11 GI Bill benefit. Accordingly, he did not meet the eligibility requirements.
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) AR20140003356
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ABCMR Record of Proceedings (cont) AR20140003356
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