IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009862
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, in effect, correction of his records to show he is authorized to transfer his Post-9/11 GI Bill benefits to his eligible family members.
2. The applicant states he served on active duty during the eligibility timeframe. His eligibility status changed after his retirement. He was not informed of his eligibility.
3. The applicant provides no additional evidence.
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 (Certificate of Release or Discharge from Active Duty) shows he was serving on full-time Army National Guard duty at the time he retired on 31 July 2009. He completed 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 July 2009. Soldiers must have been serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 to be eligible to transfer their Post-9/11 GI Bill benefits. 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 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) AR20140009862
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ABCMR Record of Proceedings (cont) AR20140009862
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