ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 May 2019 DOCKET NUMBER: AR20170011341 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 states: * he retired from the military on 31 July 2009 * he is enrolled in the Post 9/11 GI Bill * the ability to transfer GI Bill benefits to family members went into effect 1 August 2009 * he would like to transfer his benefits to his daughter who will be graduating * he understands he needs to apply for an exception to policy to allow him to transfer his benefits * the injustice was simply caused by his date of retirement being extremely close to the new regulations * when his daughter told him she wanted to go to college, he began looking to his GI Bill benefits * he found out then that his retirement date was 1 day prior to the ability to transfer his education benefits to his daughter 2. The applicant was honorably retired from the Army on 31 July 2009. He served 20 years and 19 days. 3 In the processing of this case, an advisory opinion was obtained on 12 December 2018, from the Incentive Programs Manager, US Army Human Resources Command. The advisory official recommended disapproval of the applicant's request and did not recommend administrative relief. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 4. The applicant was provided a copy of this advisory opinion on 17 December 2018, to provide him an opportunity to comment and/or submit a rebuttal. He responded, in part: * he would like the Board to reject the opinion of the advisory official * the rejection was based on his retirement date of 31 July 2009, which was one day prior to the implementation date of the TEB * information was not available about the impending changes to the Post 9/11 GI Bill * he would have certainly extended his retirement date to include the new terms of the TEB * considering the fact his retirement date was only one day prior to the effective date of TEB, he is hoping the Board will reconsider the advisory and approve his request to transfer his benefits 5. 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 not warranted. Based upon the enclosed HRC advisory pointing out the the applicant retired (31 July 2009) and the transfer of education benefits program beginning after that date (1 August 2009) and the transfer benefit could not be implemented prior to the implantation date of the benefit, the Board concluded there was no error or injustice which would warrant granting relief to the applicant. BOARD VOTE: Member 1 Member 2 Member 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. 5/13/2019 X CHAIRPERSON Signed by: 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. 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. 2. 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. 4. DEPARTMENT OF THE ARMY ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RBA 5 July 2019 MEMORANDUM FOR Army Review Boards Agency, Case Management Division, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for Ingram, Kevin R., SSN 203540551, AR20170011341 The application submitted by the individual concerned has been denied by the Army Board for Correction of Military Records. BY ORDER OF THE SECRETARY OF THE ARMY: Encl CF: ( ) OMPF Printed on Recycled Paper