IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140004678
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 transfer of his Post-9/11 GI Bill education benefits to his son.
2. He states he completed the required documents in ample time to avoid any issues, and he followed up with unit personnel on more than one occasion to confirm his papers were in order at least a year before his retirement date. His son graduated from high school in June 2010. When they applied for the Post-9/11 GI Bill, he was told his paperwork had not been received or processed before he retired.
3. He provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 August 2007
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 15 October 2009
* orders
* correspondence he received from the Department of Veterans Affairs (VA)
* page 2 from the Army Review Boards Agency Annual Report for 2011
* his son's Certificate of Live Birth
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. On 15 October 2009, the applicant was discharged from the Army National Guard and transferred to the Retired Reserve after completing 23 years of total service for retired pay.
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 any member of the Armed Forces on or after 1 August 2009 may transfer benefits if, at the time of the approval of the request to transfer entitlement to educational assistance under this section, the member 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.)
4. The Army, DOD, and VA initiated a massive public campaign that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and transfer of education benefits. However, during the first 90 days of the program, many Soldiers did not receive information on the requirements of the program.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was transferred to the Retired Reserve on 15 October 2009 after completing 23 years of service qualifying for retired pay. He was transferred within 90 days of implementation of the program authorizing transfer of Post-9/11 GI Bill benefits. Because he retired before information on the requirements of the program had been thoroughly disseminated, it would be appropriate to correct his record to show he submitted a timely request to transfer his Post-9/11 GI Bill benefits to his son prior to his retirement as recommended below.
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 son 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) AR20140004678
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140004678
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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