ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2019 DOCKET NUMBER: AR20160014733 APPLICANT REQUESTS: To be awarded Post 9/11 GI Bill Transfer of Education Benefits (TEB) in order to transfer the benefit to his dependent children. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 147-700, dated 27 May 2010 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 September 2010 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 when he was transitioning from active duty in 2010, he attended the Transition Assistance Program (TAP) at Fort McPherson, GA. At no time was he notified he must apply for the Post 9/11 GI Bill prior to the date of his retirement. During the fall of 2010, Fort McPherson was in the process of closing due to base realignment and closure. Most of the former full-time civil servants had already accepted employment at other installations. The TAP and most operational functions at Fort McPherson were largely manned by temporary or contract employees, and the post was operating on a skeleton staff. Because he was never advised to apply for the Post 9/11 GI Bill, he retired having not applied and subsequently discovered he was no longer eligible for this earned benefit because he had never been advised of the requirement to apply prior to retirement. When his first child entered college in August 2014, he learned he was not eligible for the benefit because he had not applied. 3. A review of the applicant’s service records show the following on: * 12 June 1982 – having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer in the Georgia Army National Guard (GAARNG) and executed an oath of office * 30 September 2010 – honorably retired from the GAARNG; DD Form 214 shows he completed 11 years, 9 months, and 13 days of net active service with 10 years and 7 months of prior active service and 7 years, 10 months, and 8 days of inactive service 4. The applicant provides Orders Number 147-700, issued by the Office of the Adjutant General, showing he was placed on the retired list, effective 30 September 2010 5. On 5 September 2018, the National Guard Bureau (NGB) reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Special Actions Branch opined that, it was their belief the applicant should be able to transfer his education benefits to his children. A copy of the complete NGB advisory opinion has been provided to the Board for their review and consideration. 6. Public Law 110-252 limits the eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or a member of the Selected Reserve. a. A Soldier must be on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her dependent on or after 1 August 2009. b. A Soldier must have at least 10 years of eligible service to transfer to eligible children. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. The preponderance of evidence shows the applicant was eligible to transfer education benefits to his children when he retired on 30 September 2010 with 30 years of total service. The Board agreed that due to BRAC, the Fort MacPherson transition program failed to notify the applicant of the opportunity to transfer benefits to his children before retirement. The applicant discovered that he was ineligible to receive the benefit when his oldest child began attending college in 2014. The Board found that an injustice occurred and agreed that the applicant should be afforded the benefit. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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 to transfer his educational benefits to his children on 30 September 2010 and that the application was approved by the Army with no additional service obligation since the applicant was retirement eligible when the program initiated in August 2009. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Public Law 110-252 limits the eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or a member of the Selected Reserve. a. A Soldier must be on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her dependent on or after 1 August 2009. b. A Soldier must have at least 10 years of eligible service to transfer to eligible children. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160014733 0 3 1