IN THE CASE OF: BOARD DATE: 6 December 2012 DOCKET NUMBER: AR20120008026 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his record to show he is eligible to transfer his Post-9/11 GI Bill educational benefits to his dependents. 2. He states his eligibility for Post-9/11 GI Bill benefits became effective in 2009, approximately 3 years after he transferred from an active Reserve status to the Retired Reserve in 2006. The requirement to have an active Reserve status to transfer educational benefits when the Post-9/11 GI Bill went into effect is unjust because he retired 3 years before the program was established by law. His daughter enrolled for benefits in the Fall of 2010 and was notified of her ineligibility in February 2011. He was not advised what to do. After his wife recently wished to apply for educational benefits, he called Military Onesource and was instructed to apply for correction of his military record. 3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 October 2002 and correspondence he received from the Department of Veterans Affairs (VA). CONSIDERATION OF EVIDENCE: 1. Effective 10 April 2006, the applicant was discharged from the California Army National Guard (ARNG) and transferred to the Retired Reserve. The National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) issued at the time shows he completed 25 years, 2 months, and 16 days of total service for retired pay. 2. He provides correspondence he received from the VA, dated 26 February 2011, certifying his eligibility for Post-9/11 GI Bill educational benefits. 3. During the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB, who recommended disapproval of the applicant's request. The advisory official stated, in part, that Public Law 110-252 limits eligibility to transfer unused educational benefits to those members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. The applicant's last day of service in the ARNG (i.e., his last day of Selected Reserve service) was 10 April 2006. (The final year of his ARNG service is misstated in the advisory opinion as "2009.") 4. The applicant was given the opportunity to comment on the advisory opinion. He did not respond within the time allotted. 5. On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational benefits to eligible family members. The policy states any member of the Armed Forces on or after 1 August 2009 may transfer benefits if, at the time of the approval of the request to transfer entitlement to educational assistance under this section, the member 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 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 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 duty or 20 qualifying years of Reserve service. DISCUSSION AND CONCLUSIONS: By law, the applicant is not entitled to the relief he has requested. Public Law 110-252 established 1 August 2009 as the effective date of Post-9/11 GI Bill provisions for transfer of educational benefits. He was discharged from the Selected Reserve on 10 April 2006 before this provision of law went into effect. BOARD VOTE: ________ ________ ________ 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. _______ _ X ______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20120008026 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120008026 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1