ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:    BOARD DATE:  14 January 2020 DOCKET NUMBER:  AR20170011965 


APPLICANT REQUESTS:  entitlement to Transfer of Education Benefits (TEB) under the provisions of the Post 9/11 G.I. Bill 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Self Authored letter



FACTS: 

1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the ABCMR conducted a substantive review ofthis case and determined it is in the interest of justice to excuse the applicant's failure totimely file.

2.The applicant states that he would like to transfer his remaining 21 months and16 days of education benefits to his 2 dependent children.  When the Post 9/11 G.I. Billbenefits were presented to him in 2009 the guidance was unclear which resulted in himnot transferring his education entitlements to his dependents prior to his retirement on 1June 2012.  He further contests that he was not provided with a Birth Month Audit whenhe retired.  The only thing that he received prior to retiring was a letter stating that hehad 15 years (until 2027) to use his education benefits or they would expire.

3.A review of the applicant’s available service records reflects the following on:

.28 August 1989 – he enlisted in the Army Reserves as a cadet

.15 May 1992 – he was commissioned in the Army Reserve

.27 May 1992 (Order# 80-1-A-273) – he was ordered to active duty

.18 August 2011 (Order# 230-0005) – he was retired from active duty effective1 June 2012; credited with 20 years and 4 days of active service



4.The applicant’s records did not reveal documentation associated with his election totransfer his Post 9/11 G.I. Bill education benefits.

5.Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins itsconsideration of each case with the presumption of administrative regularity.  Theapplicant has the burden of proving an error or injustice by a preponderance of theevidence.

6.See additional applicable guidance below under REFERENCES.

BOARD DISCUSSION: 



1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records.  The Board considered the applicant’s statement, his record ofservice, the absence of documentation associated with transfer of his educationbenefits, the length of time between program implementation and his retirement, hisstatement regarding a birth month audit and the reason for his separation.  Theapplicant did not provide the letter he states he received regarding education benefits,there is no such a document in his records, and he did not provide the source of theinformation he states he received in 2009.  Based on a preponderance of evidence, theBoard determined that the denial of transfer of education benefits was not in error orunjust.2.After reviewing the application and all supporting documents, the Board found thatrelief was not warranted.

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : 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. 




X

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, USC, section 1552(b), provides that applications for correction of militaryrecords 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 timelyfile within the three-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins itsconsideration of each case with the presumption of administrative regularity.  Theapplicant has the burden of proving an error or injustice by a preponderance of theevidence.

3.Public Law 110-252 section 3319 (Authority to Transfer Unused Education Benefitsto Family Members) states that an individual transferring an entitlement to educationalassistance under this section shall designate the dependent or dependents to whomsuch entitlement is being transferred, designate the number of months of suchentitlement to be transferred to each such dependent and specify the period for whichthe transfer shall be effective for each dependent.  An individual approved to transferentitlement to educational assistance under this section may transfer such entitlementonly while serving as a member of the armed forces when the transfer is executed.  Allapplications will be submitted through the Transferability of Educational Benefits (TEB)website.

.for those individuals eligible for retirement on August 1, 2009, no additionalservice is required

.for those individuals who have an approved retirement date after August 1,2009 and before July 1, 2010, no additional service is required

.for those individuals eligible for retirement after August 1, 2009, and beforeAugust 1, 2010, 1 year of additional service after approval of transfer isrequired

.for those individuals eligible for retirement on or after August 1, 2010, andbefore August 1, 2011, two years of additional service after approval oftransfer are required

.for those individuals eligible for retirement on or after August 1, 2011, andbefore August 1, 2012, three years of additional service after approval oftransfer are required



4.DODI 1341.13 (Post 9-11 G.I. Bill) states that an individual transferring entitlementmay modify or revoke at any time the transfer of any unused portion of the entitlementso transferred.  An individual may add new family members, modify the number ofmonths of the transferred entitlement for existing family members, or revoke transfer of
entitlement while serving in the Uniformed Services, however they may not add family members after retirement or separation from the Military Services, but may modify the number of months of the transferred entitlement or revoke transfer of entitlement after retirement or separation for those family members who have received transferred benefits prior to separation or retirement. 
 
 
 
 
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