BOARD DATE: 5 June 2012
DOCKET NUMBER: AR20110022788
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 that he be permitted to transfer his Post 9/11 education benefits to his son.
2. The applicant states during his transition to retirement he did not have a chance to participate in the transfer program.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant served in a continuous active duty status from 14 February 1984 through 31 July 2009. This service equals 25 years, 5 months, and
17 days.
2. A DD Form 2648 (Preseparation Counseling Check List), item 13a (Education Benefits) shows he checked "Yes," which is mandatory for service members to receive further information, counseling, or attend additional workshops, briefings, classes, etc.
3. During the processing of this case an advisory opinion was obtained from the Education Incentive Branch, U.S. Army Human Resources Command, Fort Knox, KY, on 17 November 2011. The advisory official recommended disapproval of the applicant's request because the applicant's last day on active duty was 31 July 2009. This official set forth the requirements for participation in the program and noted at each requirement a comment as to why the applicant did or did not meet the criteria. The basic reason for denial noted is the applicant retired 31 July 2009, one day prior to the effective date of the implementation of the incentive.
4. The applicant did not respond to the advisory opinion.
5. On 22 June 2009, the 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 who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, 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.
6. 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.
7. 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.
DISCUSSION AND CONCLUSIONS:
The applicant served on active duty from 14 February 1984 through 31 July 2009. The Post 9/11 GI Bill program was not in effect during his period of military service. 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. Based on the law that is in effect he is not eligible for the transfer of education 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) AR20110022788
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ABCMR Record of Proceedings (cont) AR20110022788
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