BOARD DATE: 7 February 2020 DOCKET NUMBER: AR20180001053 APPLICANT REQUESTS: correction of his records to reflect Transfer of Education Benefits under the Post 9/11 G.I. Bill. 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 when he retired from the military he was told that he did not qualify for education benefits under the Post 9/11 G.I. Bill. He visited the education center in order to obtain information about family benefits and was advised to seek assistance from the ABCMR. At the time of his separation, he was approximately 90 days short of meeting the TEB eligibility requirements. He contests that had he known this information at that time, he would have remained in the service long enough to satisfy this requirement. 3. A review of the applicant’s available service records reflects the following on: * 24 December 1980 – he enlisted in the Army Reserve * 25 February 1981 – he enlisted in Regular Army * 4 December 2008 (DD Form 2648 – Pre-separation Counseling Checklist)) – he declined educational benefits (Montgomery G.I. Bill, Veterans Educational Assistance Program etc.) counseling * 30 April 2009 – he was released from active duty and placed on the retirement list effective 1 May 2009; credited with 28 years 2 months and 6 days of active duty 4. The applicant did not provide supporting documents. 5. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the election made on the applicant’s DD Form 2648 at the time of separation showing he declined education benefits, as well as a lack of corroborating evidence concerning facts in his statement, the Board concluded there was insufficient evidence of an error or injustice which would warrant making a change to the applicant’s record. 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, 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. Public Law 110-252 limits the eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or a member of the Selected Reserve. a. A Soldier must be on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her dependent on or after 1 August 2009. b. A Soldier must have at least 6 years of eligible service in order to transfer educational benefits to a spouse and at least 10 years of eligible service to transfer to eligible children. c. A Soldier must also agree to serve the prescribed additional service obligation based on the time in service the Soldier had on 1 August 2009. d. A Soldier should not be granted relief based on unawareness of the law, program rules, or procedures unless he or she left the service during the implementation phase which is the first 90 days of the program. e. A Soldier must have initially requested to transfer benefits on the DOD TEB online database. The TEB online database was operational 29 June 2009. Once approved in the TEB online database by the Soldier's service, the approval information is automatically relayed electronically to the VA for their access. The respective dependent must then submit an application for VA educational benefits, VA Form 22-1990e, to request to use the benefits. 2. On 22 June 2009, the DOD established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy states an eligible individual is any member of the Armed Forces who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, and on or after 1 August 2009, is eligible for the Post-9/11 GI Bill and, in pertinent part, is or becomes retirement eligible during the period 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. Service members with an approved retirement date on or after 1 September 2009 and on or before 1 June 2010 have no additional service commitment for the Post-9/11 GI Bill. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180001053 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1