IN THE CASE OF: BOARD DATE: 7 October 2014 DOCKET NUMBER: AR20140003921 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 of Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to his son and daughter. 2. The applicant states that prior to separating from the Army he attempted to transfer his education benefits. He attests that in conjunction with his retirement on 1 December 2009, he began his transitional leave in August 2009, the month the TEB program was enacted. He attended a mandatory briefing held at his education center about the Post 9/11 GI Bill. The Defense Manpower Data Center's milConnect website shows that he attempted to transfer his education benefits on 25 November 2009, which was prior to his retirement on 30 November 2009. At that time, he met the requirements of having 20 years of service, had an honorable discharge, and had applied for the program prior to being discharged. His milConnect Website shows his status as inactive and it should read retired. 3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a webpage, and a three-page email. 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. He submitted: a. a printout from the milConnect website that shows on 25 November 2009, his request to transfer his education benefits was disapproved. He was told to contact his service representative to resolve his status. b. three pages of email correspondence between him and a member of the Finance and Incentives Branch, Army Continuing Education Division, U.S. Army Human Resources Command, who states that the applicant applied to transfer his benefits on 25 November 2009 and retired on 29 November 2009. 3. The applicant retired from the Regular Army on 30 November 2009 by reason of sufficient service for retirement. He completed 20 years and 1 month of creditable active service. 4. On 22 June 2009, the Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy states an eligible member is any member of the Armed Forces on or after 1 August 2009 who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill and: a. has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election; or b. has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election, is precluded by either standard policy (service or DOD) or statute from committing to 4 additional years, and agrees to serve the maximum amount of time allowed by such policy or statute; or c. is or becomes retirement eligible during the period 1 August 2009 through 1 August 2013. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of Reserve service. DISCUSSION AND CONCLUSIONS: 1. The applicant was fully eligible to transfer his education benefits under the TEB prior to retirement. The program was implemented in August 2009 and he retired on 30 November 2009. Prior to retirement, it does appear he applied for the transfer of benefits while on active duty, but due to an unknown reason was unable to do so. 2. The DOD, VA, and the Army conducted massive public campaigns that generated major communications through military, public, and social media venues. The information was published well in advance with emphasis on the criteria. A Soldier must meet various criteria to qualify to transfer benefits to an eligible dependent. 3. Nevertheless, during the initial implementation of this new program, many Soldiers at all grades were confused regarding their eligibility and/or the procedure to apply for such benefit. This confusion was exacerbated with heavy use of the DOD website and the lack of proper log-in credentials for those who may have signed out on transition leave within 60 to 90 days of the program's implementation. Similarly, officials at some education centers may have also been confused regarding the implementation instructions and may not have conducted proper counseling. 4. The applicant's retirement date was 30 November 2009 and he provided evidence that shows he elected to transfer his benefits on 25 November 2009. Therefore, as a matter of equity, his records should be corrected to show he did so in a timely manner prior to his effective date of retirement. BOARD VOTE: ____x___ ____x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant filed his application and the Army approved his request to transfer Post 9/11 GI Bill benefits to his family members prior to his retirement, provided all other program eligibility criteria are met (emphasis added). ____________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) AR20140003921 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140003921 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1