IN THE CASE OF: BOARD DATE: 9 February 2016 DOCKET NUMBER: AR20150007230 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 transferred his Post 9-11 GI Bill education benefits to his eligible dependents. 2. The applicant states, he was separated for physical disability; therefore, he did not receive the customary transition counseling. 3. The applicant provides copies of – * his undated letter, “To whom it may concern” * a U.S. Army Human Resources Command (HRC) letter, dated 7 July 2014 * 630th Transportation Company memorandum for records, dated 15 December 2014 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’s records are incomplete. The latest document in his interactive Personnel Electronic Records Management System records is a March 2012 Noncommissioned Officer Evaluation Report showing he was a U.S. Army Reserve (USAR) sergeant who was on a permanent profile that did not preclude him from performing his duties as a supervisory motor sergeant. 3. He was medically retired on 31 June 2013. 4. The 15 December 2014 letter from the 630th Transportation Company, signed by the USAR unit administrator, relates that the applicant’s retirement orders were received after the effective date. This delay precluded normal out-processing procedures. 5. During the processing of this case an advisory opinion was obtained from HRC. The Section Chief, Finance and Incentives Branch recommended approval of the applicant’s request based on the unit administrator’s assertion concerning the late receipt of the retirement orders. 6. Department of Defense Instruction 1341.13 establishes policy for authorizing TEB in accordance with Title 38, U.S. Code, section 3319. It states: a. The Secretary concerned may promote recruitment and retention in the Uniformed Services, may permit an individual eligible for Post-9/11 GI Bill educational assistance to elect to transfer to one or more of his or her family members all or a portion of his or her entitlement to such assistance. b. Any Service member on or after 1 August 2009, who is entitled to the Post-9/11 GI Bill at the time of the approval of his or her request for TEB under this section, may transfer that entitlement provided he or she meets one of these conditions: (1) Has at least 6 years of service in the Military Services (active duty or Selected Reserve), on the date of approval and agrees to serve 4 additional years from the date of election. (2) Has at least 10 years of service in the Military Services (active duty or Selected Reserve), is precluded by either standard policy or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute. (3) Is or becomes retirement eligible during the period from 1 August 2009 through 31 July 2012. (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). (4) On or after 1 August 2013, all members must comply with the requirements listed above pertaining to individuals with 6 or more or 10 or more years of service. DISCUSSION AND CONCLUSIONS: 1. The applicant’s unit did not receive his retirement orders in a timely manner; therefore, the applicant was unable to transfer his educational benefit to eligible dependents. 2. HRC recommends, in effect, approval of the applicant’s request to correct his records to show he transferred his Post 9-11 GI Bill benefit to his eligible dependents in a timely manner. 3. It would be appropriate to rectify this injustice by correcting the applicant’s records as show below. BOARD VOTE: ___x____ ___x____ ___x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 he timely filed his application and the Army approved his request to transfer his educational benefit to his eligible dependents. _______ _ 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) AR20150007230 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007230 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1