ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF BOARD DATE: 11 July 2019 DOCKET NUMBER: AR20180014431 APPLICANT REQUESTS: * to transfer his education benefit Post-9/11 GI Bill (TEB) * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Under Secretary of Veterans Affairs for Benefits Memo * TEB Website screenshot * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records (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: * he requests a correction be made to show he transferred 100 percent (36 months) of his Post-9/11 GI Bill to his daughter on 4 August 2009 * he continued to serve an addition 8 years of active duty following the transfer * his command shared a letter from the Under Secretary of Veterans Affairs (VA) for Benefits that was drafted on 28 April 2009 * the letter described the new GI Bill * on 4 August 2009 he signed onto the Department of Defense Transfer of Educational Benefits website to transfer all 36 months of his GI Bill benefit to his daughter * he did not intend to go to college upon retirement * the program had him create a user name and password * his daughter's name showed up in the system and he transferred 36 months to her * he checked all of the acknowledgments a through i * he submitted the form * an hour later a co-worker of his described an issue while performing the same function * he went back to the website to ensure his transfer was complete * his daughter's name appeared along with the checked acknowledgements * the website indicated he had already transferred the benefit so he could not make any changes * he took a screenshot of the webpage and filed it away with the letter describing the GI Bill * his daughter is about to apply for college so he checked with the VA Education Benefit office and was informed there was no record of the transfer * all criteria for transferring the benefit has been met 3. The applicant provides: * a copy of the letter from the Under Secretary of VA for Benefits explaining the Post-9/11 GI Bill and how to transfer the benefits * a screenshot of the webpage for transferring his GI Bill Benefits which shows his daughter's name appears on the screenshot, in "trans" there appears a 0, he checked all acknowledgements, and the screenshot indicates it was printed on 4 August 2009 * DD Form 214 which indicates he retired from the Army on 31 July 2017 4. In the processing of this case, an advisory opinion was obtained on 16 May 2019, from the Incentive Programs Manager, US Army Human Resources Command. The advisory official recommended approval of the applicant's request and recommending administrative relief. The applicant provided documentation showing that he initiated but did not complete a TEB request during the 90-day implementation phase, and met other TEB requirements. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 5. The applicant was provided a copy of this advisory opinion on 28 May 2019 to provide him an opportunity to comment and/or submit a rebuttal. He responded, in part: * he concurs with the advisory * it's not clear why the program did not register the submission * he's sure he clicked on the submit button to transfer the request * upon entering the program a second time, a statement mentioned the transfer request had already been made * there were no changes to submit * he asks the Board to refer to the narrative with his application for additional chronological details 6. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 7. See REFERENCES below for applicable regulations and policy to this case. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the record and the advisory opinion. The Board considered the applicant’s statement and screenshots, his eligibility to transfer benefits, his application during the initial phase of the program, his continued service and the conclusion of the advising official recommending relief. The Board determined that an error had occurred and that a correction was warranted. As a result of the Board’s decision, the personal appearance requested by the applicant is not necessary. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Member 1 Member 2 Member 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show that: - his application to transfer 100 percent (36 months) of his Post-9/11 GI Bill to his daughter on 4 August 2009 was processed and accepted by appropriate government officials, and; - his dependent is eligible to use those benefits. 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES: 1. Title 10, U.S. 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 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. Army Regulation 15-185 (ABCMR), the regulation under which this Board operations, provides that ABCMR members will review all applications that are properly brought before them to determine the existence of an error or injustice, and to direct or recommend changes in military records to correct the error or injustice, if persuaded that a material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. 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. 4. 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. 5. 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. 6. 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. ABCMR Record of Proceedings (cont) AR20180014431 4