IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140004556
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 sons.
2. The applicant states:
* he retired on 31 August 2009 after 26 years of active service and was not offered the opportunity to elect this education benefit transfer option
* he is entitled to 36 months of education benefits and has elected to distribute 18 months of this education benefit to each child
* currently, service members are advised to elect their Post-9/11 GI Bill Education transfer option at the time of their retirement
* this was not the case in August of 2009 due to a gap in guidance between the Montgomery GI Bill and the Post 9/11 GI Bill
3. The applicant provides his 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. He submitted his DD Form 214 which shows the applicant retired from the Regular Army on 31 August 2009 by reason of sufficient service for retirement. He completed 26 years 1 month, and 11 days of creditable active service.
3. 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 31 August 2009.
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. Although significant measures were taken to disseminate the information to all Soldiers within all Army components during the initial phase of the program, many Soldiers who left the service during the first 90 days of the program were not fully aware of the requirements to transfer benefits prior to leaving the military. The applicant retired on 31 August 2009, which was within 90 days of implementation of the program. 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) AR20140004556
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140004556
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130011845
Although measures were made by DOD, the VA, and the Army to disseminate the information to all Soldiers within all Army components during the initial phase of the program, many Soldiers who left the service during the first 90 days of the program were not fully aware of the requirement to transfer benefits prior to leaving military service. The available evidence shows the applicant was fully eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill...
ARMY | BCMR | CY2012 | 20120009145
The applicant requests correction of his military records to show he transferred his Montgomery GI Bill benefits to his dependents under the Transfer of Education Benefits (TEB) provisions of the Post-9/11 GI Bill. He would have been eligible to transfer the education benefit if he had transferred them before he left active 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...
ARMY | BCMR | CY2011 | 20110023142
The applicant requests correction of his military records to show he transferred his Montgomery GI Bill (MGIB) benefits to his dependents under the Transfer of Education Benefits (TEB) provisions of the Post-9/11 MGIB. The policy states, in part, 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,...
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...
ARMY | BCMR | CY2012 | 20120009634
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 | CY2012 | 20120006345
The advisory official recommended approval of the applicant's request because the applicant left the military within 90 days of implementation of the program. 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...
ARMY | BCMR | CY2012 | 20120007459
The applicant had more than 20 years of service upon his retirement, so he was eligible to transfer his benefits to either his spouse or his children if he had completed the request before leaving service. 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. The available evidence shows the applicant was fully eligible to transfer his educational benefits under the TEB provision of the 9/11 GI...
ARMY | BCMR | CY2011 | 20120000935
The applicant's last active duty date was 31 August 2009 which was within 90 days after the program's implementation. 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...
ARMY | BCMR | CY2011 | 20110012518
The law 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. b. the applicant is eligible to transfer benefits under the Post 9/11 GI Bill TEB Program to his dependents because he left the service within 90 days of the implementation of the program. The applicant was fully eligible to transfer his education benefits under the TEB prior to his transfer to the...
ARMY | BCMR | CY2013 | 20130006733
The applicant requests, in effect, that his record be corrected to show he transferred his educational benefits to his dependents under the Transfer of Educational Benefits (TEB) provision of the Post 9/11 GI Bill prior to retirement. Although significant measures were made by DOD, the VA, and the Army to disseminate the information to all Soldiers within all Army components during the initial phase of the program, many Soldiers who left the service during the first 90 days of the program...