IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140006398
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 the transfer of her unused education benefits to her dependent under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states:
* she did not receive notification of the requirements to transfer her Post-9/11 GI Bill benefits until after her retirement date, so she was unable to transfer benefits as a retiree
* she served on active duty from February 1985 to March 2006
* she did not sign up for the Montgomery GI Bill while serving on active duty she used tuition assistance and the Veterans Educational Assistance Program
* she used some of her benefits to complete a master's degree and she was not informed that retirees could not transfer benefits to dependents who are attending college
* she would like to transfer her remaining benefits to her dependent who is in college
3. The applicant provides a self-authored statement.
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 retired from the Regular Army on 28 February 2006. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 21 years and 9 days of creditable active military service.
3. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational 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.
4. A Soldier must be currently serving on active duty or as a member of the Selected Reserve, on or after 1 August 2009, at the time of transfer of educational benefits to his or her family members.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for an exception to policy to transfer her unused educational benefits to her family member under the TEB provision of the Post-9/11 GI Bill was carefully considered.
2. The applicant was neither serving on active duty nor in the Selected Reserve at the time this program was implemented on 1 August 2009. By law, she is not eligible to participate in the program.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 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) AR20140006398
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140006398
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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