BOARD DATE: 6 August 2015
DOCKET NUMBER: AR20150000038
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 dependent son under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states:
* he was unaware of the rules and regulations that changed in August 2009 allowing for the transfer of Post-9/11 GI Bill (National Defense Authorization Act of 2008, Chapter 33) benefits
* 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 25 February 1985. He completed 20 years, 6 months, and 6 days of total active service and retired on 31 August 2005.
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 dependent son 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 postdates 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 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) AR20150000038
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ABCMR Record of Proceedings (cont) AR20150000038
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