ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 April 2019 DOCKET NUMBER: AR20160017292 APPLICANT REQUESTS: to transfer his Post-9/11 GI Bill (TEB). APPLICANT’S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, U.S. Code, 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: * he retired from active duty on 31 August 2009 * his daughter was born 12 April 2009 * he applied for the Post-9/11 GI Bill during his last month on active duty * he recently checked on the status and noticed it had not been transferred * this is disconcerting and he would like to have it corrected * he was very adamant about transferring his educational benefits to his daughter * it does not appear the transfer occurred * he does not know why the transfer of benefits did not occur * he would surmise it was a new process and still had technical or administrative issues not addressed or identified at the time 3. The applicant served on Active Duty from 2 August 1989 through 31 August 2009. He was honorably transferred to the US Army Reserve Group (Retired). The TEB program was implemented on 1 August 2009. 4. On 29 January 2019, the Incentives Programs Manager, US Army HRC, provided an advisory opinion. The advisor recommended approval of the applicant's request stating the applicant retired on 31 August 2009, he was on terminal leave and retired within 90 day of the program implementation and met the other TEB requirements. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 5. The applicant was provided a copy of this advisory opinion on 4 February 2019, to provide him an opportunity to comment and/or submit a rebuttal. He requests the Board concur with the advisory opinion and allow him to transfer his benefits to his daughter. 6. See REFERENCES below for applicable regulations and policy to this case. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the statements of the applicant and the HRC advisory opinion, the Board concluded that sufficient evidence was presented which warrant changing the applicant’s record to show the transfer of educational benefits was executed prior to retirement. BOARD VOTE: Member 1 Member 2 Member 3 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 the applicant filed his application and the Army approved his request to transfer his Post-9/11 GI Bill benefits to his family member prior to his retirement, provided all other program eligibility criteria are met. 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, 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. 2. Public Law 110-252, as amended by Public Law 111-377, identified the qualifications to receive the Post-9/11 GI Bill, one of which was that the service member must have performed active service on or after 11 September 2001 in order to be eligible for the Post-9/11 GI Bill. Public Law 110-252 established legal requirements on the transferability of unused benefits to those members of the Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. 3. On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy limits the entitlement to transfer education benefits to any member of the Armed Forces on or after 1 August 2009, who, at the time of the approval of his or her 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 service in the 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 for the maximum amount of time allowed by such policy or statute; or c. is or becomes retirement eligible during the period from 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. 4. DOD policy further states the Secretaries of the Military Departments will provide active duty participants individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill, and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316. 5. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program. ABCMR Record of Proceedings (cont) AR20160017292 2