BOARD DATE:	  4 February 2014

		DOCKET NUMBER:  AR20130010908 


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 approval for transfer of his Post-9/11 GI Bill benefits to his eligible family members.

2.  The applicant states he is a veteran who served over three years of active service after 10 September 2001 and he was not afforded the opportunity to transfer his education benefits at the time of his retirement.  

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.  On 30 November 2005, the applicant was retired based on completing sufficient service for retirement.  He completed 20 years, 10 months, and 6 days of active duty service.  

3.  Public Law 110-252 establishes legal limitations on the transferability of unused Post 9/11 GI Bill benefits.  Section 3020 of Public Law 110-252 limits 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be allowed to transfer his Post-9/11 GI Bill benefits to his eligible family members.  He argues that he served over three years of active service after 10 September 2001 and that he was not afforded the opportunity to transfer his education benefits at the time of his retirement.

2.  The available evidence shows his last day on active duty was 30 November 2005.  Soldiers must have been on active duty or a member of the Selected Reserve on or after 1 August 2009 to be eligible to transfer their 9/11 GI Bill benefit.  Accordingly, he did not meet the eligibility requirements.

3.  Based on the above, there is no basis to grant 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 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)                                         AR20130010908



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ABCMR Record of Proceedings (cont)                                         AR20130010908



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