IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140013148
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 correction of his records to show he transferred his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill prior to retiring from military service.
2. The applicant states that he retired from active duty on 31 July 2009 and was placed on the retired list effective 1 August 2009.
a. During his Army Career Alumni Program (ACAP) briefing it was stated that the approval date for the Post-9/11 GI Bill TEB was not known.
b. He was on transition leave when the announcement was made. He was not informed of the TEB cut-off date (retirement date in this case). Therefore, he did not ask to extend nor was he offered the opportunity to extend his retirement date beyond 1 August 2009 so that he could transfer his educational benefits to his family members. He discovered this injustice in September 2009 and he recently was made aware that he could appeal the matter.
3. The applicant provides no documentary evidence in support of his application.
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 (RA) on 19 February 1986. Through a series of reenlistments in the RA, he continued to serve on active duty. He attained the rank of sergeant first class (E-7) on 1 December 2002.
3. A DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members) shows the applicant received ACAP counseling on his education benefits on 30 September 2008.
4. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was honorably retired from active duty on 31 July 2009 based on sufficient service for retirement and he was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) effective 1 August 2009. He had completed
23 years, 5 months, and 12 days of total active duty service.
5. A review of the applicant's military personnel records failed to reveal evidence that he sought additional counseling on his education benefits subsequent to
30 September 2008 or that he requested to transfer educational benefits to any of his family members.
6. Public Law 110-252 (Supplemental Appropriations Act, 2008) provides the authority for members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 to transfer unused education benefits to eligible family members. The Public Law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic education assistance under this chapter to elect to transfer entitlement to unused education benefits to one or more of the specified family members.
a. An eligible individual is any member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, has completed at least:
(1) 6 years of service in the Armed Forces and enters into an agreement to serve at least 4 more years as a member of the Armed Forces; or
(2) the years of service as determined in Army regulations and established by the Secretary of the Army.
b. An individual approved to transfer an entitlement to education assistance under this section may transfer the individual's entitlement, as follows:
(1) to the individual's spouse;
(2) to one or more of the individual's children; or
(3) to a combination of the individuals identified above.
c. Provided the service member allocates at least 1 month of benefits to an eligible family member prior to separation, changes to the amount of months allocated to eligible family members can be made at any time, to include after leaving military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show he elected to transfer his Post-9/11 GI Bill educational benefits to his dependents because he was not informed of the approved cut-off date nor was he offered the opportunity to extend his retirement date beyond 31 July 2009 so that he could transfer his education benefits to his family members.
2. The sincerity of the applicant's comments is not in question. However, there is no evidence of record that shows there was a requirement to offer service members the opportunity to change their approved retirement date in order to satisfy the TEB provision of the Post-9/11 GI Bill.
3. Records show the applicant was transferred to the USAR Control Group (Retired) effective 1 August 2009.
4. The applicant was not serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. Therefore, he is not eligible for the
Post-9/11 GI Bill transferability option.
5. The law provides that a service member must have been serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 in order to be eligible to transfer unused benefits to eligible family members. The ABCMR does not have authority to grant a waiver of the eligibility criteria established in the statute.
6. Considering all the evidence and information presented by the applicant, together with the evidence of record, 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 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) AR20140013148
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140013148
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120010733
The applicant had more than 20 years of service upon retirement; therefore, he was eligible to transfer to either his spouse or children if he had completed the request prior to leaving military service. On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education benefits to eligible family members. There is insufficient evidence that shows the applicant submitted a request to transfer education benefits to his family members while on active duty.
ARMY | BCMR | CY2013 | 20130021585
A review of the applicant's military personnel records failed to reveal any evidence of a request to transfer educational benefits (TEB) to any of his family members. The applicant contends that his records should be corrected to show he elected to transfer his Post-9/11 GI Bill educational benefits to his spouse because he was not properly counseled on the transfer of his educational benefits prior to his retirement from active duty. Thus, the applicant retired from the RA without...
ARMY | BCMR | CY2014 | 20140006467
The applicant states, in effect: * despite the massive publicity campaign prior to his retirement, not all information operations/campaigns are 100-percent effective * he was informed of the procedure to change from the Montgomery GI Bill to the Post-9/11 GI Bill, but he did not receive clear instructions on how to transfer the benefits to his family members * he saw the education counselor prior to his retirement and expressed his concerns, but he was assured that all family members listed...
ARMY | BCMR | CY2014 | 20140012851
The applicant requests correction of his records to show he transferred his education benefits to his dependents under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill prior to retiring from military service. The applicant contends that his records should be corrected to show he elected to transfer his Post-9/11 GI Bill educational benefits to his dependents because he was not properly counseled on TEB prior to his retirement from active duty. Thus, the applicant...
ARMY | BCMR | CY2014 | 20140000824
IN THE CASE OF: BOARD DATE: 14 August 2014 DOCKET NUMBER: AR20140000824 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the evidence of record shows that, for whatever reason, he only transferred the benefits to his wife; he did not transfer any educational benefits in the TEB online database to either of his daughters. He has not provided sufficient evidence to show he added all of his eligible dependent's into the TEB database prior to or at the time of retirement and allocated...
ARMY | BCMR | CY2014 | 20140000824
IN THE CASE OF: BOARD DATE: 14 August 2014 DOCKET NUMBER: AR20140000824 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. However, the evidence of record shows that, for whatever reason, he only transferred the benefits to his wife; he did not transfer any educational benefits in the TEB online database to either of his daughters. He has not provided sufficient evidence to show he added all of his eligible dependent's into the TEB database prior to or at the time of retirement and allocated...
ARMY | BCMR | CY2014 | 20140004799
The evidence of record shows the applicant submitted a request to transfer his education benefits under the TEB on 29 October 2009, which is within 90 days of the implementation of the program. Therefore, it would be equitable to correct his records to show he transferred the remaining balance of his educational benefits under the Post-9/11 GI Bill TEB Program to his youngest son. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2015 | 20150002926
He was aware of the 1 August deadline to submit the request to transfer benefits to his daughter and was under the impression that he had completed all required actions. He served for 30 years and just wants to transfer education benefits to his daughter. The applicant was fully eligible to transfer his educational benefits under the TEB provision of the Post-9/11 GI Bill prior to retirement.
ARMY | BCMR | CY2014 | 20140018354
It shows: * the applicant allocated 36 months of benefits to his spouse when he applied for TEB * the applicant reduced the total number of months his spouse could receive on 11 September 2014 * it was discovered the applicant did not fulfill the one year TEB service obligation requirement * review of the applicants record revealed his U.S. Army Reserve (USAR) service from 17 March 1989 to 26 September 1990 had to be included in his obligation requirement * his combined USAR and active duty...
ARMY | BCMR | CY2013 | 20130013482
If the service member allocates 0 months and subsequently leaves military service they are not authorized to transfer unused benefits; and d. a Soldier not serving on active duty or as a member of the Selected Reserve and subsequently requests the transfer of unused benefits to family members should not be granted relief based on unawareness of law, program rules, or procedures unless they left the service during the implementation phase (first 90 days) of the program. A Soldier must be on...