ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 January 2020 DOCKET NUMBER: AR20170007371 APPLICANT REQUESTS: Transfer of Education Benefits (TEB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) 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 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: a. He was going through his transition phase of retiring from the Army when he was told he had to fill out form to transfer his Post 9/11 GI to his dependents. He recently called the GI Bill phone number and he was told it had happened to many veterans retiring at that time where they had asked them to fill out forms for transfer. Then he was told that he needed to file this form to his service branch to request that his transfer of benefits be acknowledged and effected for his dependents. The Army failed to turn in his paperwork to transfer his Post GI Bill benefits. The VA does not show any transfer of benefits to his children. He request benefits to be transferred to CZ__, MZ__, and OZ__. b. The army failed to turn in his paperwork to transfer his Post GI Bill benefits. The VA does not show any transfer of benefits to his children. He did not check on his education benefits before however, his oldest child will start college next year and he wanted prepare for his education. So, he called the GI Bill number and found out that his paperwork had never been turned in. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 22 October 1989. b. His record does not contain documentation showing he applied or effectively transferred the Montgomery GI Bill to his dependents. c. His DD Form 214 shows he retired on 31 January 2010 and he completed 20 years, 2 months and 9 days of net active service during this period. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The ability to transfer education benefits was implemented on 1 August 2009. The applicant retired in January 2010. If approved after the plan’s implementation, he would have received a service obligation for up to four more years of service. The Board determined there is insufficient evidence to grant relief BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION 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. 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 (Armed Forces), U.S. Code, section 1552(b) (Correction of Military Records: Claims Incident Thereto), 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 establishes legal limitations on the transferability of unused Post-9/11 GI Bill benefits. Further, section 3020, Public Law 110-252, limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. 3. On 22 June 2009, DOD established the criteria for eligibility and transfer of unused educational benefits to eligible family members. a. An eligible individual 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: * has at least 6 years of service on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election; or, * has at least 10 years of service (active duty and/or Selected Reserve), 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, * is or becomes retirement eligible during the period from 1 August 2009 through 1 August 2013; a service member is considered retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of Reserve service b. The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill; the counseling will be documented and maintained in records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316. c. During the initial implementation of this program, many Soldiers in all grades were confused as to their eligibility and/or the application process. This confusion was exacerbated by the heavy use of the DOD website and the lack of proper log-in credentials for those who may have signed out on transition leave during the 60 to 90 days of the program implementation. In addition, officials at some education centers may have also been confused with regard to the implementation instructions and may not have conducted proper counseling. ABCMR Record of Proceedings (cont) AR20170007371 3 1