IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110022248
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 his retirement date be changed from 31 July 2009 to
1 August 2009 so he will be eligible to transfer his Post-9/11 GI Bill educational benefits to his children.
2. The applicant states that because he retired on 31 July 2009 he is not eligible to transfer his Post 9/11 GI Bill education Benefits to his children. To his knowledge the law pertaining to the transfer of the benefits was not finalized until after his retirement date.
3. The applicant provides copies of:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* 5 October 2011 letter from the Department of Veterans Affairs (VA) to the Honorable Peter DeFazio, House of Representatives
CONSIDERATION OF EVIDENCE:
1. The applicant retired from the Army of the National Guard of the United States, in the rank of sergeant first class/E-7.
2. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program. The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009. However, the policy does apply to those so retired if they are recalled to active duty and serve on or after 1 August 2009 and before 2 August 2012.
3. On 31 July 2009, he was discharged from the Army National Guard due to sufficient service for retirement as a SFC on 1 August 2009. His DD Form 214 shows he last entered active duty 14 April 1989. He was credited with over
20 years of creditable active service.
4. 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. The applicant's last day in service was 31July 2009.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty from 14 April 1989 to 31 July 2009. The Post 9/11 GI Bill program was not in effect during his period of military service. Although he retired on 31 July 2009, one day prior to the implementation of the program, the law states only those individual who served on active duty on or after 1 August 2009 are eligible to transfer education benefits under the provisions of the Post 9-11 GI Bill.
2. Regretfully, based on laws and regulation, the applicant is neither entitled to a change to his retirement date nor eligible for the transfer of benefits.
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) AR20110020816
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110022248
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110005740
The applicant states he requested in August or September of 2008 to transfer his Montgomery GI Bill [Post 9/11 GI Bill] to his son; but, no records were found. The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post 9/11 GI Bill benefits (emphasis added) because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009. The applicant contends he requested transfer of his...
ARMY | BCMR | CY2012 | 20120001374
The applicant requests, in effect, correction of his military records to show he transferred his Montgomery GI Bill (MGIB) benefits to his son prior to retirement under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The policy further states the Secretaries of the Military Departments will provide AD participants and members of the Reserve Components with qualifying AD service individual pre-separation or release from AD counseling on the benefits under the...
ARMY | BCMR | CY2011 | 20110014582
He states that he retired from active duty on 31 October 2009 and he was eligible to transfer his educational benefits to his dependents under the TEB provisions of the Post-9/11 GI Bill because he had an approved retirement date after 1 August 2009 and before 1 July 2010, with no additional service required. The applicant's military records show he enlisted in the Regular Army on 7 September 1988 and he was honorably retired on 31 October 2009. As a result, the Board recommends that...
ARMY | BCMR | CY2010 | 20100016063
Public Law 110-252, dated 30 June 2008, authorized the Post-9/11 GI Bill effective 1 August 2009. The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009. Those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last...
ARMY | BCMR | CY2011 | 20110019271
The applicant requests correction of his records to show he is eligible to transfer his education benefits to his children under the Transfer Education Benefits (TEB) provision of the Post-9/11 GI Bill. The applicant states he read the 19 September 2011 edition of the Army Times which explained the Army Board for Correction of Military Records had ruled that Soldiers who retired during the period 1 August - 1 November 2009 may not have known the Post-9/11 GI Bill that took effect 1 August...
ARMY | BCMR | CY2013 | 20130002677
The applicant requests transfer of his education benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his dependents. The policy states, in part, that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009. b. The law states only those individual who served on active duty on or...
ARMY | BCMR | CY2013 | 20130000428
The applicant requests correction of his military records to allow him to transfer his education benefits to his daughter under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill. The policy states that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009. The Post-9/11 GI Bill program was not...
ARMY | BCMR | CY2010 | 20100023523
The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316. Those who retire on or before 1 August 2009 are, by...
ARMY | BCMR | CY2011 | 20110020085
The applicant states: * He had already outprocessed and was on transition leave at the time this program was implemented * He did not get the information or was not informed of the requirements to declare family members he could transfer his MGIB benefits to prior to retiring * The information available at the time of his retirement was conflicting and confusing * He retired on 31 August 2009 and like many others, little information was available about this program 3. The advisory official...
ARMY | BCMR | CY2011 | 20110024019
The policy further states the Secretaries of the Military Departments will provide active duty participants and members of the Reserve Components with qualifying active duty service individual pre-separation or release from active duty counseling on the benefits under the Post-9/11 GI Bill and document accordingly and maintain records for individuals who receive supplemental educational assistance under Public Law 110-252, section 3316. The law was dated 30 June 2008, 6 months prior to his...