IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019516
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 elected transfer of his Post-9/11 GI Bill benefits to his spouse.
2. The applicant states he submitted paperwork while he was on active duty but no status was ever received. He claims his request to transfer benefits was mishandled by the Fort Lee, Virginia, retention officer.
3. The applicant provides no additional evidence in support of is application.
CONSIDERATION OF EVIDENCE:
1. The applicant's final DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably retired on 31 January 2011.
2. In connection with the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1. It indicates the law governing the transferability of unused Post-9/11 GI Bill benefits places legal limitations on transferability. It limits the eligibility to transfer unused
Post-9/11 GI Bill benefits to those members of the Armed Forces who apply while still on active duty. In this case, the applicant would have been eligible had he transferred them before he left service. Based on the details of this case, G-1 does not recommend granting the requested relief unless the applicant can provide evidence showing he attempted to transfer his educational benefits prior to leaving military service.
3. On 29 November 2011, the applicant was provided a copy of the G-1 advisory opinion in order to have the opportunity to reply or rebut its contents. To date, he has failed to respond.
4. 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.
5. 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 Department of Veterans Affairs 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.
6. The program guidance stipulates that if a service member becomes retirement eligible during the period 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:
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:
The applicant's request to transfer his Post-9/11 GI Bill benefits to his spouse has been carefully considered. However, the governing law is very specific in requiring that a member apply to transfer the benefits while still on active duty. In this case, there is no evidence of record or independent evidence provided by the applicant that supports his assertion that he applied to transfer the benefits prior to leaving active duty. As a result, there is an insufficient evidentiary basis to support 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) AR20110019516
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110019516
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120005510
The applicant was released from active duty for voluntary retirement on 31 July 2009, prior to 1 August 2009, the beginning date of eligibility to transfer Post 9/11 GI Bill education benefits. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused education benefits to family members. DISCUSSION AND CONCLUSIONS: The applicants request to correct his record to show he was eligible to transfer his Post 9/11 GI Bill benefits because he was not...
ARMY | BCMR | CY2012 | 20120011715
BOARD DATE: 10 January 2013 DOCKET NUMBER: AR20120011715 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. It limits the eligibility to transfer unused Post-9/11 GI Bill benefits to those members of the Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 and who have 6 years of eligible service regardless of the reason for separation. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused...
ARMY | BCMR | CY2011 | 20110021975
The applicant was released from active duty for voluntary retirement on 31 May 2009, prior to 1 August 2009, the beginning date of eligibility to transfer Post 9/11 GI Bill education benefits. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused education benefits to family members. The applicants request to correct his record to show he was eligible to transfer his Post 9/11 GI Bill benefits based on confusion in the program has been...
ARMY | BCMR | CY2012 | 20120010399
BOARD DATE: 11 December 2012 DOCKET NUMBER: AR20120010399 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. It limits the eligibility to transfer unused Post-9/11 GI Bill benefits to those members of the Armed Forces who have 6 years of eligible service regardless of the reason for separation. The G-I advisory opinion further indicates that based on the details provided by the applicant, G-1 does not recommend relief in the applicants case.
ARMY | BCMR | CY2012 | 20120008948
The applicant was released from active duty for retirement on 30 April 2009 prior to the beginning date of eligibility to transfer Post-9/11 GI Bill educational benefits. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused educational benefits to family members. The applicants request to correct his record to show he was eligible to transfer his Post-9/11 GI Bill benefits has been carefully considered.
ARMY | BCMR | CY2011 | 20110022076
Application for correction of military records (with supporting documents provided, if any). The applicant was not a member of the service on or after 1 August 2009, the beginning date of eligibility to transfer Post-9/11 GI Bill educational benefits. The applicant's request to correct his record to show he was eligible to transfer his Post-9/11 GI Bill benefits based on his lack of knowledge of the particulars of the program at the time of his retirement has been carefully considered.
ARMY | BCMR | CY2012 | 20120005500
IN THE CASE OF: BOARD DATE: 6 September 2012 DOCKET NUMBER: AR20120005500 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. It limits the eligibility to transfer unused Post-9/11 GI Bill benefits to those members of the Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 and who have 6 years of eligible service regardless of the reason for separation. The applicant was released from active duty for temporary disability retirement on...
ARMY | BCMR | CY2012 | 20120010570
IN THE CASE OF: BOARD DATE: 6 December 2012 DOCKET NUMBER: AR20120010570 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of her records to show she is eligible to transfer her educational benefits to her dependents under the provisions of the Post-9/11 GI Bill. The applicant was released from active duty for retirement on 31 July 2002 prior to the beginning date of eligibility to transfer Post-9/11 GI Bill educational benefits.
ARMY | BCMR | CY2011 | 20110019090
The applicant was released from active duty for voluntary retirement on 30 June 2009, prior to 1 August 2009, the beginning date of eligibility to transfer Post 9/11 GI Bill education benefits. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused education benefits to family members. 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,...
ARMY | BCMR | CY2012 | 20120010158
It limits the eligibility to transfer unused Post-9/11 GI Bill benefits to those members of the Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 and who have 6 years of eligible service regardless of the reason for separation. The applicant was released from active duty for retirement on 28 February 2009 prior to the beginning date of eligibility to transfer Post-9/11 GI Bill educational benefits. DISCUSSION AND CONCLUSIONS: The...