IN THE CASE OF: BOARD DATE: 25 November 2020 DOCKET NUMBER: AR20200002797 APPLICANT REQUESTS: Correction of his record to show Post 9/11 GI Bill Transfer of Education Benefits (TEB) to his dependents. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * TEB webpage * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 September 2012 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states during the time he was on active duty, he transferred his Post 9/11 GI Bill benefits to his family in Schofield Barracks Hawaii at the Soldier Support Center and it went through. But later, he found out that it was disapproved "Service Member has not committed to the required additional service time." But if you look at his service record he started in the U.S. Navy from 8 June 1988 to 6 June 1991, U.S. Naval Reserve from 1991 to 1995, U.S. Army from 21 September 1995 to 30 September 2012. He had met and completed his time of 20 years plus in service of obligation to United States of America. 3. A review of the applicant's official records shows the following: a. On 21 September 1995, having had prior enlisted service in the U.S. Navy, the applicant enlisted in the Regular Army. b. The applicant's records contain a DD Form 1966 (Record of Military Processing Armed Forces of the United States) showing the applicant served in the U.S. Navy from 8 June 1988 to 6 June 1991 and in the U.S. Navy Reserves from 6 June 1991 to his time of enlistment in the Regular Army. c. On 30 September 2012, the applicant was honorably retired from active duty. He completed 17 years of net active service, with 2 years, 11 months, and 29 days of prior active service. 4. The applicant provides a TEB webpage showing he was disapproved for the TEB because he had not committed to the required additional service time. 5. See applicable references below. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, his record of service, regulatory guidance and public law. Evidence in the record show the applicant submitted the request to transferred his Post 9/11 GI Bill benefits to his family in Schofield Barracks Hawaii at the Soldier Support Center and it went through. However, later, he found out that it was disapproved, based on "Service Member has not committed to the required additional service time. The Board determined based on the evidence, the applicant separated from military service without meeting the obligation to commit for additional service time as required by TEB through public law. The Board agreed he is not eligible to transfer benefits, and the Board does not have the authority to make exceptions to public law. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XXX XXX 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. 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. REFERENCES: 1. Title 10, USC, 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 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. 2. Memorandum, Subject: Post 9/11 GI Bill Implementation Policy in effect at the time states Soldiers who request to transfer benefits and is approved will incur an additional service obligation. A member who will become retirement eligible during the period from 1 August 2009, through 1 August 2013 and agrees to serve the additional period, if any, specified below. For the purposes of this paragraph, a Soldier is considered to be retirement eligible if he or she has completed 20 years of active Federal service or 20 qualifying years as computed under Title 10, USC, section 12732. * Soldiers eligible for retirement on or before 1 August 2009, no additional service is required * Soldiers with an approved retirement date on or after 1 September 2009, but on or before 1 June 2010, no additional service requirement * Soldiers who attain 20 years of service on or after 2 August 2009 and before 2 August 2010, one year of additional service from the date of request is required * Soldiers who attain 20 years of service on or after 2 August 2010 and before 2 August 2011, two years of additional service from the date of request are required * Soldiers who attain 20 years of service on or after 2 August 2011, and before 2 August 2012, three years of additional service from the date of request are required //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002797 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1