IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140003921
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 of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to his son and daughter.
2. The applicant states that prior to separating from the Army he attempted to transfer his education benefits. He attests that in conjunction with his retirement on 1 December 2009, he began his transitional leave in August 2009, the month the TEB program was enacted. He attended a mandatory briefing held at his education center about the Post 9/11 GI Bill. The Defense Manpower Data Center's milConnect website shows that he attempted to transfer his education benefits on 25 November 2009, which was prior to his retirement on
30 November 2009. At that time, he met the requirements of having 20 years of service, had an honorable discharge, and had applied for the program prior to being discharged. His milConnect Website shows his status as inactive and it should read retired.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a webpage, and a three-page email.
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. He submitted:
a. a printout from the milConnect website that shows on 25 November 2009, his request to transfer his education benefits was disapproved. He was told to contact his service representative to resolve his status.
b. three pages of email correspondence between him and a member of the Finance and Incentives Branch, Army Continuing Education Division, U.S. Army Human Resources Command, who states that the applicant applied to transfer his benefits on 25 November 2009 and retired on 29 November 2009.
3. The applicant retired from the Regular Army on 30 November 2009 by reason of sufficient service for retirement. He completed 20 years and 1 month of creditable active service.
4. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy states an eligible member is 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:
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 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 was fully eligible to transfer his education benefits under the TEB prior to retirement. The program was implemented in August 2009 and he retired on 30 November 2009. Prior to retirement, it does appear he applied for the transfer of benefits while on active duty, but due to an unknown reason was unable to do so.
2. The DOD, VA, and the Army conducted massive public campaigns 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 at all grades were confused regarding their eligibility and/or the procedure to apply for such benefit. 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's 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 30 November 2009 and he provided evidence that shows he elected to transfer his benefits on 25 November 2009. 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 (emphasis added).
____________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) AR20140003921
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140003921
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130021541
BOARD DATE: 6 February 2014 DOCKET NUMBER: AR20130021541 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. 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...
ARMY | BCMR | CY2015 | 20150000336
The applicant requests correction of his records to show the date of his transfer of education benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his dependents as 31 July 2012. For those individuals who had an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service was required. Military Personnel Message Number 13-102, dated 15 April 2013, subject: Post-9/11 GI Bill TEB 4-Year Service Obligation for Approved...
ARMY | BCMR | CY2014 | 20140004202
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 | CY2014 | 20140016812
The applicant requests transfer of his educational benefits to his family members under the transfer of educational benefits (TEB) provision of the Post-9/11 GI Bill. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The applicant was eligible to transfer his education benefits under the TEB prior to retirement, but there is no evidence he did so while still on active duty.
ARMY | BCMR | CY2013 | 20130001905
The applicant requests correction of his records to show his educational benefits were transferred to his eligible family members in a timely manner in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant states he completed an online request in 2009 to transfer his Post-9/11 GI Bill benefits to his two children. He provides an unsigned and undated letter from Senator C____ addressed to the VA stating the applicant recently received...
ARMY | BCMR | CY2014 | 20140012606
The applicant requests, in effect, correction of his records to show he elected to transfer education benefits to his dependent child under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant requests that he be allowed to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill to his dependent son. Since there is no evidence that shows the applicant attempted to transfer the benefit while in an active status, as required by...
ARMY | BCMR | CY2014 | 20140004423
Application for correction of military records (with supporting documents provided, if any). Since you are now in a retired status, you cannot allocate months to dependents that did not have benefits transferred to them before your retirement. 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.
ARMY | BCMR | CY2012 | 20120008969
The applicant requests an exception to policy to transfer educational benefits to his family members under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant in this case had more than 20 years of service upon his retirement, but he was not eligible to transfer the benefits because the law requires Soldiers to be in the service on or after 1 August 2009. c. A Soldier may only transfer benefits to eligible dependants. The TEB online database shows the...
ARMY | BCMR | CY2014 | 20140002415
The applicant requests immediate approval to transfer educational benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant states he was never told the transfer had to occur while he was on active duty prior to his retirement. 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.
ARMY | BCMR | CY2012 | 20120007965
The applicant requests correction of his military records to show he transferred his Montgomery GI Bill benefits to his dependent child Elise under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. Therefore, as a matter of equity, his records should be corrected to show he applied to transfer his educational benefits to his eligible family members in a timely manner prior to his effective date of retirement. As a result, the Board recommends that all Department...