IN THE CASE OF:  

		BOARD DATE:  27 August 2020

		DOCKET NUMBER:  AR20190015124


APPLICANT REQUESTS: Correction of his record to show Post 9/11 GI Bill Transfer of 
Education Benefits (TEB) 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 (USC), 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 was not aware, at the time he was an active U.S. Army 
Reservist, that the election for access to his benefits under the Post 9/11 GI Bill was 
irrevocable after he retired from an active status.  After he retired, he thought the 
benefits could be applied to his younger son as he had applied it to his older son.  It has 
been explained to him now that this is not the case, and one must still be in an active 
status.

3.  A review of the applicant's official records shows the following:

	a.  On 15 May 1982, the applicant was appointed as a Reserve commissioned 
officer and executed an oath of office.  

	b.  On 22 November 2019, Orders Number C11-998659, issued by the U.S. Army 
Human Resources Command, Fort Knox, KY, retired the applicant and placed him on 
the retired list, effective on 29 November 2019.

     c.  His record is void of information regarding his transfer of education benefits.

4.  See applicable references below. 

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is warranted.

2.  The Board agreed that, provided the applicant was approved to transfer his Post-
9/11 GI Bill education benefits to one of his dependents, failure to allot any months of 
the benefit to an additional dependent was likely an oversight.  The Board determined 
the evidence supports correction of the applicant's record to show that, concurrent with 
his original TEB election, he transferred one month of his Post-9/11 GI Bill education 
benefits to his second son.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XXX	:XXX	:XXX	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, concurrent with 
his original election to transfer his Post-9/11 GI Bill education benefits to his son J_, he 
also transferred one month of benefits to his son M_.  

		  
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 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 ABCMR determines it would be in the 
interest of justice to do so.

2.  Army Regulation 621-202 (Army Educational Incentives and Entitlements) states in 
paragraph 4-15 (Transferability of unused benefits to dependents) for the purposes of 
transferability, Armed Forces include all active duty service and all Selected Reserves 
service regardless of branch of service or component.  Soldiers can only transfer to their 
dependents while in service.  A Veteran cannot transfer benefits to their dependents 
after separation or retirement from service.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190015124


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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