ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 22 October 2019 DOCKET NUMBER: AR20180014933 APPLICANT REQUESTS: to transfer his Post 9/11 GI Bill education benefits to his dependents. 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 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: * his dependents show online, but the system will not allow him to transfer benefits * when he did his final out processing, he filled out paperwork at the education center to update from the Montgomery GI Bill (MGIB)/Army College Fund to the Post 9/11 GI Bill * he requested the ability to transfer benefits to his children * he did not receive a copy of any documentation so has no way to prove he completed it * he understands the lack of documentation will limit the actions that can be taken but figured it would not hurt to ask to transfer his remaining benefits to his children * he contacted the Department of Veterans Affairs (VA) and the Department of the Army (DA) representatives * he was told applying to the Board was his only option * he was able to convert his MGIB to the new version and use it * he did not have a need to make sure his dependents were on the account until his children were old enough for college * the documents he filled out at the Education Center in Baumholder, Germany were turned in at the Education Center * he should have made copies; this was his error and in no way the fault of the assistants at the center or the Army Records Department * he is aware that requesting to transfer his Post 9/11 GI Bill benefits to his children is a complete long shot especially considering he does not have the documentation * he paid into the MGIB and had the Army College Fund on his initial enlistment documents * he qualified, at the time of his retirement, to upgrade to the new Post 9/11 GI Bill and the ability to transfer benefits 3. The applicant provides a copy of his DD Form 214, which shows he was honorably retired on 30 November 2009. 4. A review of the applicant’s service records shows: * on 13 July 1988- he enlisted in the Regular Army * there is no documentation pertaining to education benefits such as how much of the MGIB or the Army College fund was used, and is void of documentation regarding transfer of education benefits * on 30 November 2009- he was honorably retired with 21 years, 4 months and 18 days of active service 5. In the processing of this case, an advisory opinion was obtained on 17 September 2019 from the Incentive Programs Manager, US Army Human Resources Command. The advisory official recommended approval of the applicant's request and recommended administrative relief. The applicant's last day of service was 30 November 2009 and he was added to the retired list on 1 December 2009. This was within the 90-day implementation phase of the Post 9/11 GI Bill, and he met other Transfer of Education Benefits requirements. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 6. The applicant was provided a copy of this advisory opinion on 27 September 2019 to provide him an opportunity to comment and/or submit a rebuttal. He did not respond. 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 and evidence in the records. The Board considered the applicant’s statement, his record of service, the date of program implementation and the date of his retirement. The Board considered the review and recommendation of the AHRC advising official. Based on a preponderance of evidence, the Board determined that the applicant was eligible to transfer education benefits and his record should be corrected to show that eligibility. 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: - the applicant was eligible to transfer his Post 9/11 GI Bill benefits to his dependents; - his submitted a request to transfer at least one month to those dependents prior to his date of retirement; - his request was accepted and processed by the appropriate authority, and; - his dependents are eligible to receive transferred benefits as he may designate. 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. 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. 3. 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 eligibility is for any service member: a. of the Armed Forces who fulfills Post 9/11 GI Bill eligibility requirements and who, at the time of the approval of the Soldier’s request to transfer entitlement to educational assistance does not have an adverse action flag, is eligible for the Post 9/11 GI Bill, and b. 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 c. 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 d. is or becomes retirement eligible during the period from 1 August 2009 through 1 August 2013 and agrees to serve the additional period, if any specified. 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. Department of Defense Directive Type Memorandum (DTM), 09-003, dated 22 June 2009, Transfer of Post 9/11 GI Bill Benefits to Dependents was established to promote retention. It identifies specific service obligations required for individuals that choose to use transfer of education benefits. Subparagraph 3.b. specifies that “Soldiers with an approved retirement date on or after 1 September 2009, but on or before 1 June 2010, no additional service requirement.” ABCMR Record of Proceedings (cont) AR20180014933 3