IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20140021470
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 transfer of the remaining 7 months of his GI Bill education benefits to his youngest child.
2. The applicant states that he allocated his 36 months of GI Bill benefits to his oldest child in 2009 and did not allocate any to his youngest child prior to his retirement as he was not aware that he had to do so before retirement. However, when he subsequently tried to reallocate the remainder of his benefits he was informed that he had to do so before he retired.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a United States Army Reserve infantry second lieutenant on 20 May 1983 and was ordered to active duty on 15 September 1985. He remained on active duty and was promoted to the rank of colonel in the Regular Army on 1 May 2007.
2. On 30 November 2012, he was retired by reason of sufficient service for retirement. He had served 27 years, 2 months and 19 days of active service.
3. The Post-9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public Law
110-252, House of Representatives, 2642. In July of 2008, Congress passed a law for the Post-9/11 GI Bill that went into effect on 1 August 2009.
4. Public Law 110-252 and Department of the Army, G1 Post 9/11 GI Bill Policy dated 10 July 2009, provides that a veteran may modify entitlements or revoke entitlements among only those dependents that were designated to receive transferred benefits prior to separating from the Armed Forces. Veterans who transferred entitlements prior to separation or retirement from the Armed Forces may not add new family members after separation or retirement.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was not informed that he had to add the beneficiaries of his G.I. Bill benefits while he was on active duty is not in doubt, he has failed to show through the evidence of record or the evidence submitted with his application that such was the case.
2. The laws and policies governing the TEB provide that family members may not be added after separation or retirement.
3. Therefore, in the absence of evidence to show that he was improperly informed at the time he made his initial election that he could add family members after his retirement, there appears to be no error or injustice in his case.
4. In view of the foregoing, there is an insufficient evidentiary 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:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_____________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) AR20140021470
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ABCMR Record of Proceedings (cont) AR20140021470
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