IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150004983 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150004983 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. IN THE CASE OF: BOARD DATE: 10 May 2016 DOCKET NUMBER: AR20150004983 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, in effect, an exception to policy to transfer his Post-9/11 GI Bill education benefits to his wife. 2. The applicant states his reserve obligation date had already passed upon his return from Afghanistan on 14 February 2008. He was not informed of the requirement to add his wife as a beneficiary to his educational benefits. Currently, he is categorized as an 80 percent service-connected disabled veteran. He no longer wishes to pursue his education. He wants to designate his wife as his beneficiary so she can complete her schooling. 3. The applicant provided 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 the cases 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. 2. The applicant enlisted in the U.S. Army Reserve (USAR) on 10 August 1999. He served on active duty from: * 14 June 2000 through 10 January 2001 * 6 June 2006 through 5 March 2008 3. He served continuously in the USAR through one reenlistment until he was discharged on 7 February 2009. 4. In an advisory opinion, dated 30 March 2016, the Chief, Finance and Incentives Team, U.S. Army Human Resources Command (HRC) recommended disapproval of the applicant's request to transfer Post-9/11 GI Bill education benefits. The HRC official stated: a. Pubic Law 110-252 established legal limitations on the transferability of unused Post-911 GI Bill benefits. Public Law 110-252, section 3020, limited eligibility to transfer unused benefits to those members of the Armed Forces who were serving on active duty or as a member of the Selected Reserve (SELRES) on or after 1 August 2009. The applicant served honorably after 10 September 2001 for at least 90 days (6 December 2006 through 5 March 2008), so he was eligible for the Post-9/11 GI Bill and must use it before the 15-year delimiting period of 5 March 2023. b. He was ineligible to transfer education benefits because he was discharged before 1 August 2009, the implementation date of the Post-9/11 GI Bill. He also did not rejoin the U.S. Army after 1 August 2009, so he does not have eligible service after 1 August 2009 and is therefore ineligible to transfer education benefits. He did not make himself eligible to transfer education benefits by serving on active duty or in the SELRES after 1 August 2009. 5. The advisory opinion was provided to the applicant on 12 April 2016 for acknowledgement/rebuttal. He did not respond. REFERENCES: On 29 June 2009, the Department of Defense (DoD) established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states an eligible individual is any member of the Armed Forces on or after 1 August 2009 who, at the time of 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 a 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 SELRES) on the date of election, is precluded by either standard policy (service of DoD) or statute from committing to 4 additional years and agrees to service for the maximum amount of time allowed by such policy or stature; 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 service or 20 qualifying years of Reserve service. DISCUSSION: 1. The applicant, as a member of the USAR, served on active duty from 14 December 2000 through 10 January 2001 and 6 December 2006 through 5 March 2008. He was discharged from the USAR on 7 February 2009. The Post-9/11 GI Bill program was not in effect during his period of military service. The law required a member to be on active duty on in the SELRES on or after 1 August 2009 at the time he/she requests the transfer. 2. The applicant was neither on active duty nor in the SELRES at the time the program was implemented. He is not eligible to transfer his education benefits under the Transfer of Education Benefits provisions of the Post-9/11 GI Bill. 3. The requirements of this program are set in the law and any changes to this law are not within the purview of this Board. There is neither an error nor an injustice in his case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150004983 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150004983 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2