BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110023429 


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 that he transferred his Montgomery GI Bill (MGIB) educational benefits to his son under the 
Post-9/11 GI Bill.

2.  The applicant states that while stationed at Fort Leonard Wood, Missouri, he attempted to enroll his family in the Department of Defense Enrollment and Eligibility Reporting System (DEERS).

	a.  He was told his son would not be eligible for continued benefits because he would be 23 years of age in 2 months [April 2009].  The Army official appeared to be unaware of the Post-9/11 GI Bill transfer program that allowed for the transfer of his educational benefits to his dependent son until he reached age 26 and also lacked the expertise on how to handle the situation.

	b.  His son attends the University of Kansas and it has been a struggle paying for his educational and living expenses.  His son should have remained eligible for government benefits until age 23.  Therefore, he should have been able to transfer his MGIB education benefits to him.

3.  The applicant provides copies of his son's identification (ID) cards, college transcripts, a letter from the Department of Veterans Affairs (VA), and an email message from the Army G-1.



CONSIDERATION OF EVIDENCE:

1.  The applicant had prior honorable enlisted service in the Regular Army (RA) from 31 July 1980 through 24 May 1991.

2.  He had prior honorable enlisted service in the Army National Guard (ARNG) of the United States (ARNGUS) and Kansas ARNG from 9 November 2004 through 24 February 2009.  He was ordered to active duty as an ARNGUS Soldier from 6 April 2006 through 11 October 2007.

3.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the RA for a period of 4 years on 25 February 2009.  On 20 December 2010, he reenlisted in the RA for an indefinite period.

4.  In support of his application, he provides the following documents:

	a.  A DD Form 1173 (Identification and Privilege Card) issued to his son K____ W. M____ on 4 August 2011 with an expiration date of 7 April 2012 shows the applicant's son's date of birth as 8 April 1986.

	b.  His son's Kansas University ID card, issued 6 September 2011, and University of Kansas transcripts, dated 18 November 2011, show the applicant's son attended the university from Fall 2005 though Fall 2011.

	c.  A VA letter, dated 22 September 2011, informed the applicant's son that his application for benefits was received by the VA.

	d.  Email messages, subject:  Transfer of Benefits Problems, show:

		(1)  on 12 November 2011, the applicant contacted the Army G-1 and presented the issue he now presents to this Board and

		(2)  on 21 November 2011, the Army G-1 Post-9/11 GI Bill Team informed the applicant that his son is not eligible for the Post-9/11 GI Bill transfer of benefits because his son was not an eligible dependent at the time of transfer.  To be considered an eligible dependent, a child must be enrolled in DEERS and eligible for DEERS benefits.  The applicant was also informed that:

		(a)  Children lose eligible dependent status upon turning age 21 or at marriage.  Eligible dependent status may be extended from age 21 to age 23 only if the child is enrolled as a full-time student and unmarried.

		(b)  Once the child reaches age 23, he or she loses eligibility for transfer of educational benefits as mandated by law.

		(c)  The applicant's son reached age 23 in April 2009, which was 4 months prior to the start of the Post-9/11 GI Bill Transfer of Education Benefits Program.

5.  Public Law 110-252 (Supplemental Appropriations Act, 2008) provides authority to transfer unused educational benefits to family members.  This law amended Title 10, U.S. Code, chapter 1606, section 16132a, to show that subject to regulation prescribed by the Secretary of Defense, the Secretary concerned may permit a member who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the specified dependents.

	a.  It shows a child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining 26 years of age.

	b.  The administrative provisions apply to the use of an entitlement transferred under this section.  The eligible dependent to whom the entitlement is transferred shall be treated as the eligible member for purposes of such provisions.

	c.  The Post-9/11 GI Bill Transfer of Education Benefits Program was implemented on 1 August 2009.

6.  Army Regulation 600-8-14 (Identifications Cards for Members of the Uniformed Services, Their Eligible Family Members, and Other Eligible Personnel).  Chapter 4 (ID Cards for Children), table 4-4 (Eligibility Criteria and Documentation Requirements for Students Age 21 to 23), shows an eligible child enrolled full time in an accredited institution of higher learning and who is dependent on the sponsor for over 50 percent of their support remains eligible as a dependent of the sponsor until age 23 or graduation, whichever occurs first.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his MGIB educational benefits should be transferred to his son under the Post-9/11 GI Bill transferability option because he requested transfer of a portion of his MGIB benefits to him; however, his son was dropped from DEERS because he was over 23 years of age and his requests to have this corrected have been denied.

2.  Under the Post-9/11 GI Bill transferability option, a dependent child can use transferred benefits up to age 26 provided the child is an eligible dependent at the time of transfer as verified by DEERS.

3.  The evidence of record shows that children lose eligible dependent status upon turning age 21.  However, eligible dependent status may be extended to age 23 if the child is enrolled as a full-time student and unmarried as verified by DEERS.

4.  The applicant's son reached age 23 in April 2009.  Thus, at that time he was no longer an eligible dependent under DEERS.  Therefore, the applicant's son was not entitled to receive the applicant's educational benefits under the 
Post 9-11 GI Bill transferability option because the Post-9/11 GI Bill Transfer of Benefits program was not implemented until 1 August 2009.

5.  The fact that the applicant's son was issued a dependent ID card on 4 August 2011 with an expiration date of 7 April 2012 is noted.  However, based on the evidence of record, it appears the ID card may have been erroneously issued.

6.  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)                                         AR20110023429



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ABCMR Record of Proceedings (cont)                                         AR20110023429



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