IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140011233
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, an exception to policy to transfer educational benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his family member (spouse).
2. The applicant states that when he was released from active duty he was unaware he could transfer his education benefits.
3. The applicant provides no additional documentation.
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 enlisted in the Regular Army on 18 July 2006. After completing initial training, he was awarded military occupational specialty 92Y (Unit Supply Specialist). The highest rank/grade attained while on active duty was specialist four/E-4. He served in Iraq from 9 March 2008 to 9 March 2009.
3. He was honorably released from active duty on 12 December 2009. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed a net active service of 3 years, 4months, and 25 days. The narrative reason shown for his release is completion of required 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 any member of the Armed Forces on or after
1 August 2009 who, at the time of the approval of the individuals 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 for the maximum amount of time allowed by such policy or statute; or
c. is or becomes retirement eligible during the period from 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.
5. 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 educational assistance under Public Law 110-252, section 3316.
DISCUSSION AND CONCLUSIONS:
1. The DoD policy requires certain criteria to be met in order to effect a transfer of education benefits. One requirement is the Soldier must have at least 6 years of service in the Armed Forces on the date of election and agree to serve 4 additional years in the Armed Forces from the date of election. In August 2009, the applicant had only 3 years of active service and had not committed to serve the additional time required. Had he chosen to remain on active duty for an additional 7 years, he would have become eligible.
2. The Army, DOD, and VA 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 for transfer of benefits to an eligible family member; most importantly, the Soldier must be on active duty or in the Selected Reserve at the time of transfer.
3. His service and his sincerity are not in question; however, the applicant was on active duty when the program was implemented in August 2009. He had time to extend his service so that he could become eligible.
4. There is neither an error nor an injustice as the applicant did not meet the initial criteria nor did he elect to continue serving to meet the criteria for TEB. In view of the foregoing, he is not entitled to the 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 that 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) AR20140011233
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140011233
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100023523
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 educational assistance under Public Law 110-252, section 3316. Those who retire on or before 1 August 2009 are, by...
ARMY | BCMR | CY2010 | 20100016063
Public Law 110-252, dated 30 June 2008, authorized the Post-9/11 GI Bill effective 1 August 2009. 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. 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...
ARMY | BCMR | CY2014 | 20140014700
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, an exception to policy to transfer his education benefits to his spouse under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. His record does not contain any documentation that indicates he transferred, or attempted to transfer, his education benefits under the TEB provision of the Post-9/11 GI Bill prior to his release from active duty.
ARMY | BCMR | CY2014 | 20140019598
After applying for retirement after 20 years of active service in early 2009, he received an approved retirement date of 1 September 2009, during which time the Post-9/11 GI Bill was being launched. The evidence shows the applicant was fully eligible to transfer his unused education benefits under the TEB provision of the Post-9/11 GI Bill prior to his retirement date of 31 August 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2014 | 20140012812
DOD policy further states the Secretaries of the Military Departments will provide active duty participants 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 educational assistance under Public Law 110-252, section 3316. The applicant contends his records should be corrected to allow him to transfer his unused Post-9/11 GI Bill education benefits...
ARMY | BCMR | CY2013 | 20130021979
His record does not contain any documentation that indicates he transferred, or attempted to transfer, his education benefits under the TEB provision of the Post-9/11 GI Bill, prior to his date of retirement. c. A Soldier may only transfer to eligible dependents. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members.
ARMY | BCMR | CY2011 | 20110021069
The applicant had more than 20 years of service upon retirement, but he was not eligible to transfer to either his spouse or his children because the law requires the Soldier to be in the service on or after 1 August 2009. c. A Soldier may only transfer to eligible dependents. 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, in part, that those who retire on or...
ARMY | BCMR | CY2014 | 20140009376
BOARD DATE: 8 January 2015 DOCKET NUMBER: AR20140009376 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his military records to show he transferred his Montgomery GI Bill (MGIB) benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his spouse prior to being discharged from the Regular Army. The applicant contends that his military records should be corrected to show he transferred his MGIB benefits to his spouse...
ARMY | BCMR | CY2013 | 20130005370
The applicant requests correction of his records to show he made a timely application, prior to his effective date of retirement, to transfer his unused education benefits to his eligible dependent, in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The evidence shows the applicant was fully eligible to transfer his unused education benefits under the TEB provision of the Post-9/11 GI Bill prior to his retirement date of 31 August 2009. As a...
ARMY | BCMR | CY2013 | 20130005799
The applicant requests correction of his records to show he made a timely application, prior to his effective date of retirement, to transfer his unused education benefits to his eligible dependent, in accordance with the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The evidence shows the applicant was fully eligible to transfer his unused education benefits under the TEB provision of the Post-9/11 GI Bill prior to his retirement date of 30 September 2009. As a...