BOARD DATE: 9 June 2015
DOCKET NUMBER: AR20140018384
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 her records to show she elected transfer of her educational benefits to her dependent child under the Post-9/11 GI Bill transferability provision.
2. The applicant states:
a. Prior to her retirement on 1 August 2010 after serving 23 years of honorable service and being informed she qualified for Post-9/11 GI Bill educational benefits, she followed the instructions given during a pre-separation briefing to complete an online transfer of Post-9/11 GI Bill benefits to her dependent child. She never received confirmation.
b. She retired due to memory issues and did not remember to look into the matter until her child registered for college in August 2014. At that time, she inquired online and received a message saying her dependent child was ineligible.
c. She retired due to memory issues which caused an inability to perform her primary duties. She had over 23 years of service at that time so she could not train for a new military occupational specialty.
d. As a disabled veteran and after serving honorably for 23 years, she feels strongly that she earned the benefits and her dependent child should be allowed to use them since she cannot use them due to her mental issues.
3. The applicant provides:
* retirement orders
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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. After completing over 20 years of creditable active service, the applicant retired on 31 July 2010 in the rank of staff sergeant under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12 (Retirement for Length of Service).
3. There is no evidence of record showing she was found unfit for continued service due to mental impairment.
4. There is no evidence of record showing she elected to transfer her Post-9/11 GI Bill benefits to her dependent child prior to her retirement.
5. 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 in effect at the time stated an eligible individual was any member of the Armed Forces on or after 1 August 2009 who, at the time of approval of the individual's request to transfer entitlement to educational assistance under this section, was eligible for the Post-9/11 GI Bill and:
a. had at least 6 years of service in the Armed Forces on the date of election and agreed to serve 4 additional years in the Armed Forces from the date of election; or
b. had at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, was precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agreed to serve for the maximum amount of time allowed by such policy or statute; or
c. was or became retirement eligible during the period 1 August 2009 through 1 August 2013. A service member was considered to be retirement eligible if he or she had completed 20 years of active duty or 20 qualifying years of Reserve service.
6. The policy further stated the Secretaries of the Military Departments would 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, document accordingly, and maintain records for individuals who received supplemental educational assistance under Public Law 110-252, section 3316.
7. DOD, the Army, and the VA initiated a massive public campaign plan that generated major communications through military, public, and social media venues on the Post-9/11 GI Bill and subsequent transfer of educational benefits.
DISCUSSION AND CONCLUSIONS:
The applicant contends she completed an online application for transfer of
Post-9/11 GI Bill benefits prior to her retirement; however, there is no evidence of record and she provided no evidence showing she elected to transfer her Post-9/11 GI Bill benefits to her dependent child prior to retirement. Regrettably, there is no basis for granting 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 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) AR20140018384
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ABCMR Record of Proceedings (cont) AR20140018384
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