IN THE CASE OF:	  

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120009393 


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 transfer of half of his Post 9/11 GI Bill benefits to his spouse.

2.  He states he did not know he had to transfer his education benefits while he was on active duty.  His wife is an unemployed student who needs to finish school.  During his discharge processing, he was sent to briefings about everything but transfer of education benefits.  Now his family is being penalized as they are trying to do better for their future.  His wife has had to get student loans which they cannot afford, and he has to work long hours to care for four children and his unemployed wife.  After receiving her undergraduate degree, his wife wants to pursue a Master's degree.  Transfer of his education benefits will help his family while he works and his wife completes college.  

3.  He provides an e-mail containing his wife's Degree Completion Plan Audit.

CONSIDERATION OF EVIDENCE:

1.  On 29 March 2009, the applicant was honorably discharged from the Regular Army by reason of completion of required active service.  He completed 10 years, 1 month, and 6 days of net active service.

2.  On 25 July 2012, during the processing of this case, an advisory opinion was obtained from the Chief, Enlisted Career Systems Division, Office of the Deputy Chief of Staff, G-1, who recommended disapproval of the applicant's request.  The advisory official stated, in part, that Public Law 110-252 limits eligibility to transfer unused education benefits to otherwise eligible 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 in service was 29 March 2009.

3.  The applicant was given the opportunity to comment on the advisory opinion.  He did not respond within the time allotted.  

4.  On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused education 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 education benefits.  He was discharged on 29 March 2009 before these provisions 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 that 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)                                         AR20120009393





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ABCMR Record of Proceedings (cont)                                         AR20120009393



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