IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110015957 


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 correction of his record to allow him to transfer his Post-9/11 GI Bill educational benefits to his dependents.

2.  The applicant states the ability to transfer his Post-9/11 GI Bill educational benefits to his dependents is not available based on his failure to make the selection while he was still on active duty.  He claims he was never made aware of this option during his out-processing for retirement in May 2009.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record contains U.S. Army Installation Management Command, Directorate of Human Resources, Fort Bragg, North Carolina, Orders 070-0254, dated 11 March 2009, showing he was reassigned to the U.S. Army Transition Center for separation processing on 10 September 2009 with an approved retirement date of 30 September 2009.

2.  The applicant's DD Form 214 shows he retired in the rank of sergeant first class/E-7 on 30 September 2009.  It further shows he completed a total of 21 years and 5 days of active military service.

3.  An advisory opinion was obtained from the Chief, Enlisted Professional Development Branch, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army, during the processing of this case who recommended the applicant be granted administrative relief because he left active service within the first 90 days of the implementation of the program.  He indicates that although significant measures were taken to disseminate the information to all Soldiers within all Army components during the initial phase of the program, many Soldiers who left active service during the first 90 days of the program were not fully aware of the requirement to transfer educational benefits prior to leaving military service.

4.  The applicant responded to the advisory opinion on 17 October 2011 and indicated he viewed the G-1 advisory opinion as favorable since it recommended administrative relief.  He requested to be given the opportunity to transfer his Post-9/11 GI Bill educational benefits to his dependents.

5.  The Post-9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public 
Law 110-252, House of Representatives, 2642.  In July of 2008, Congress passed a law for the Post-9/11 GI Bill which went into effect on 1 August 2009.

6.  Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused educational benefits to family members.  A service member may execute transfer of benefits only while serving as a member of the Armed Forces.  The VA is responsible for final determination of eligibility for educational benefits under this program.  General eligibility criteria are as follows:

	a.  Service members must have accrued specific qualifying active duty service on or after 11 September 2001 of at least 30 continuous days of qualifying active duty service if discharged due to a service-connected disability or between 90 days and 36 months or more of total aggregate qualifying active duty service.

	b.  Service members must have served on active duty in the Regular Army or as a Reserve member ordered to active duty under Title 10, U.S. Code, sections 688, 12301(a), 12301(d), 12301(g), 12302, and 12304 (orders in support of contingency operations, i.e., mobilization), and must have received an honorable discharge at the conclusion of active duty service.

7.  The program guidance stipulates that if a service member becomes retirement eligible during the period beginning on 1 August 2009 through 1 August 2013 and agrees to serve the additional period as specified below, he/she is entitled to transfer benefits to his/her dependents.  A member is considered to be retirement eligible upon completion of 20 years of active Federal service or 20 qualifying years as computed under Title 10, U.S. Code, section 12732 as follows:

	a.  service members eligible for retirement on 1 August 2009 – no additional service required;

	b.  service members who have an approved retirement date after 1 August 2009 and before 1 July 2010 – no additional service required;

	c.  service members eligible for retirement after 1 August 2009 and before 1 August 2010 – 1 year of additional service is required;

	d.  service members eligible for retirement on or after 1 August 2010 and before 1 August 2011 – 2 years of additional service is required;

	e.  service members eligible for retirement on or after 1 August 2011 and before 1 August 2012 – 3 years of additional service is required; and

	f.  active duty service members who separate, retire, transfer to the Reserve, or who are discharged on or prior to 1 August 2009 are not eligible to elect transferability.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his record to show he applied for and the Army approved transferring his educational benefits under the 
Post-9/11 GI Bill to his dependents prior to his retirement from active duty on 30 September 2009 has been carefully considered and is found to have merit.

2.  The Post-9/11 GI Bill was implemented on 1 August 2009 and information pertaining to the transferability of entitlements was disseminated down to education counselors at the installation level.  As confirmed in the G-1 advisory opinion, many Soldiers who left active service during the first 90 days of the program were not fully aware of the requirement to transfer prior to leaving military service.

3.  In view of the fact that transfer application procedures were not fully implemented during the first 90 days of the program, it would serve the interest of equity to correct his record to reflect he applied to transfer his educational benefits under the Post-9/11 GI Bill transferability provision upon implementation of the provision.



BOARD VOTE:

____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 by showing the applicant filed his application and the Army approved his request to transfer Post-9/11 GI Bill educational benefits to his dependents prior to his retirement provided all other eligibility criteria are met.



      ____________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)                                         AR20110015957



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ABCMR Record of Proceedings (cont)                                         AR20110015957



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