BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140013779
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 elected transfer of educational benefits to his children under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states:
* he would like to transfer the remainder of his GI Bill benefits to his wife
* he was unaware of the rules and regulations that changed in August 2009 allowing for the transfer
* he was no longer in the Army at the time of the change
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 enlisted in the Regular Army on 29 June 2000 for a 4-year period. He was released from active duty to the U.S. Army Reserve Control Group (Reinforcement) on 29 June 2004 due to completion of required active service. On 17 June 2008, he was discharged from the U.S. Army Reserve.
3. Public Law 110-252 limits the eligibility to transfer unused Post-9/11 GI Bill 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:
1. The applicant's request for correction of his records to show he elected transfer of educational benefits to his wife under the TEB provision of the
Post-9/11 GI Bill was carefully considered but found to be without merit.
2. Public Law 110-252 limits the 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.
3. The applicant did not have any Army affiliation on 1 August 2009. The implementation of the Post-9/11 GI Bill provision for TEB post-dates his service, thus he is ineligible for this benefit.
4. The requirements of this program are set in the law and changes to the law are not within the purview of this Board. There is neither an error nor an injustice in his case and, as such, 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) AR20140013779
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140013779
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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