IN THE CASE OF: BOARD DATE: 14 January 2020 DOCKET NUMBER: AR20170012750 APPLICANT REQUESTS: entitlement to transfer his Post 9/11 G.I. Bill benefits to his dependent son. 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, section 1552(b); however, the 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 that he would like to transfer his Post 9/11 G.I. bill entitlement to his dependent son; however, he was advised by the Veterans Administration that he was unable to do so as he missed the cut-off date by 1 day. He was retired from the Army on 31 July 2009 and the cut-off date was 1 August 2009. He has completed his Bachelor’s degree and would like to transfer his remaining educational entitlements to his son. 3. A review of the applicant’s available service records reflects the following on: * 24 September 1988 – he enlisted in the Army Reserve * 18 July 1989 – he was ordered to active duty * 31 July 2009 – we was released from the Army and placed on the Retired list effective 1 August 2009 4. The applicant’s military records does not reflect his election to transfer educational benefits. 5. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 6. See additional applicable guidance below under REFERENCES. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the date and the reason for his separation and the date transfer of education benefits was implemented. The Board found insufficient evidence of further service credited to the applicant after the date of program implementation which, unfortunately, makes him ineligible for the program as outlined in Public Law 110-252 section 3319 (Authority to Transfer Unused Education Benefits to Family Members). Based on a preponderance of evidence, the Board determined that the applicant’s denial of TEB was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief 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. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Public Law 110-252 section 3319 (Authority to Transfer Unused Education Benefits to Family Members) states that an individual transferring an entitlement to educational assistance under this section shall designate the dependent or dependents to whom such entitlement is being transferred, designate the number of months of such entitlement to be transferred to each such dependent and specify the period for which the transfer shall be effective for each dependent. An individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed. All applications will be submitted through the Transferability of Educational Benefits (TEB) website. Post 9/11 G.I. Bill (Chapter 33) benefits can be paid for training pursued on or after August 1, 2009. No payments may be paid for training pursued before that date. * for those individuals eligible for retirement on August 1, 2009, no additional service 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 before August 1, 2010, 1 year of additional service after approval of transfer is required * for those individuals eligible for retirement on or after August 1, 2010, and before August 1, 2011, two years of additional service after approval of transfer are required * for those individuals eligible for retirement on or after August 1, 2011, and before August 1, 2012, three years of additional service after approval of transfer are required 4. DODI 1341.13 (Post 9-11 G.I. Bill) states that an individual transferring entitlement may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. An individual may add new family members, modify the number of months 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170012750 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1