IN THE CASE OF:	  

		BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110018043 


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 records to show he transferred his Montgomery GI Bill (MGIB) educational benefits to his stepdaughter under the Post-9/11 GI Bill prior to separating from active duty.

2.  The applicant states he was on active duty and as troop program unit (TPU) member as an Individual Mobilization Augmentee (IMA) in September 2009.

	a.  He was told to wait until his stepdaughter graduated from high school to begin the process to transfer his MGIB educational benefits to her.  After repeated efforts to transfer his benefits, his stepdaughter received a letter of denial due to the absence of any documentation that the education benefits were transferred.

	b.  He and his wife have graduate degrees and will not be using any of his benefits.  However, his stepdaughter is beginning her freshman year in college and is in need of the benefits.

3.  The applicant provides a copy of a Department of Veterans Affairs (VA) letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer in the U.S. Army Reserve on 13 August 1978.

2.  He was promoted to lieutenant colonel (LTC)/pay grade O-5 on 9 August 1999.

3.  Headquarters, 108th Division (Institution Training) Charlotte, North Carolina, Orders 05-242-00007, dated 30 August 2005, reassigned the applicant to the U.S. Army Reserve (USAR) Control Group (Retired Reserve) effective 29 September 2005.

4.  On 3 June 2008, the applicant volunteered for active duty.

5.  Orders M-07-8022568, U.S. Army Human Resources Command, St. Louis, Missouri, dated 21 July 2011, ordered the applicant to active duty in a retired status for a period not to exceed 365 days with a reporting date of 24 August 2008 for the purpose of partial mobilization in support of Operation Enduring Freedom.

6.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was honorably released from active duty (REFRAD) on 31 May 2009 and transferred to the USAR Control Group (Retired Reserve).  He completed 9 months and 7 days of net active service this period.

7.  In support of his application, he provides a copy of a VA letter, dated 17 August 2011, that shows L___ C. J___ was informed that her claim for 
Post-9/11 GI Bill benefits was denied because the Army has not indicated that her parent was approved for the transferability program.

8.  In the processing of this case, an advisory opinion was obtained from the Headquarters, Department of the Army, Office of the Deputy Chief of Staff, G-1, Enlisted Professional Development Branch, Washington, DC.

	a.  The advisory official does not recommend administrative relief.

	b.  He states the applicant is eligible to receive benefits under the 
Post-9/11 GI Bill for himself, as he meets the basic requirements for entitlements.

	c.  The advisory official notes the applicant is not eligible to transfer benefits under the Post-9/11 GI Bill transferability program to his stepdaughter.

		(1)  Public Law 110-252 limits eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve of the U.S. Army on or after 1 August 2009.

		(2)  The applicant's last day in service was 31 May 2009.

		(3)  Public Law 110-252 specifies dependent children can use transferred benefits up to the age of 26.  Section 161632a(c) establishes eligible dependents who may receive transferred benefits.

		(a)  To satisfy this legally imposed constraint, a child must be an eligible dependent at the time of transfer.

		(b)  To be considered an eligible dependent, a child must be enrolled in the Department of Defense Enrollment and Eligibility Reporting System (DEERS) and eligible for DEERS benefits.

		(4)  Children lose eligible dependent status upon turning age 21, or at marriage.

		(5)  Eligible dependent status can be extended from age 21 to age 23 only if the child is enrolled as a full-time student and unmarried, as verified by DEERS.

	d.  The advisory official states the Transfer of Education Benefit (TEB) online database shows the applicant had eligible dependents enrolled in DEERS.  If he had met all the prerequisites (including being a member of the service on or after 1 August 2009), he would have been eligible to transfer all or a portion of his benefits to his spouse and/or his stepdaughter.  However, the applicant could not complete the requirements in the TEB online database before he left the service because this incentive was not available to him.

9.  On 4 November 2011, the applicant was provided a copy of the advisory opinion in order to have the opportunity to respond to its contents.  To date, a response has not been received from the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his MGIB educational benefits should be transferred to his stepdaughter under the Post-9/11 GI Bill transferability option because he was on active duty in May 2009 and serving as a TPU/IMA member in September 2009.

2.  The evidence of record shows the applicant was REFRAD on 31 May 2009 and transferred to the USAR Control Group (Retired Reserve).  There is no evidence of record that shows the applicant was serving on active duty or as a member of the Selected Reserve of the U.S. Army on or after 1 August 2009.

3.  Public Law 110-252 is clear in that it limits eligibility to transfer unused MGIB education benefits to those members of the Armed Forces who are serving on active duty or as a member of the Selected Reserve of the U.S. Army on or after 1 August 2009.  Unfortunately, the applicant did not meet the criteria.

4.  Considering all the evidence and information presented by the applicant together with the evidence of record, there is no basis for granting the requested relief.

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)                                         AR20110018043



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ABCMR Record of Proceedings (cont)                                         AR20110018043



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