IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110023861
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 is eligible to transfer 6 months of his educational benefits to his spouse under the Transfer Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant did not state a reason for his request.
3. The applicant provides a letter from the Department of Veterans Affairs (VA).
CONSIDERATION OF EVIDENCE:
1. Headquarters, 80th Training Command (The Army School System), Orders 08-135-00018, dated 14 May 2008, released the applicant from his Selected Reserve unit and assigned him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) effective 31 January 2008.
2. He was released from the USAR Control Group (Reinforcement) and assigned to the Retired Reserve effective 1 September 2009.
3. He provides a letter from the VA which certified his eligibility for the Post-9/11 GI Bill.
4. During the processing of this case, an advisory opinion was obtained from the U.S. Army Human Resources Command Education and Incentives Branch. The Education and Incentives Branch recommended denial of the applicant's request because he did not serve on active duty or as a member of the Selected Reserve on or after 1 August 2009.
5. The advisory opinion was provided to the applicant for his information and to allow him the opportunity to submit comments or a rebuttal. No response was received.
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 for administration of the program.
a. Public Law 110-252 establishes legal limitations on the transferability of unused Post-9/11 GI Bill benefits. The law 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 on or after 1 August 2009.
b. The applicant is not eligible to transfer benefits under the Post-9/11 GI Bill transferability program to his dependents because he was not serving on active duty or as a member of the Selected Reserve on or after 1 August 2009 which is a requirement established in law.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests approval of TEB to his spouse under the Post-9/11 GI Bill.
2. The policy to transfer benefits was not implemented until July 2009 and required individuals to be serving on active duty or to be a member of the Selected Reserve as of 1 August 2009. He was released from his Selected Reserve unit and assigned to the USAR Control Group (Reinforcement) effective 31 January 2008. He was transferred to the Retired Reserve on 1 September 2009. Therefore, he did not meet the eligibility requirements for the transfer of educational benefits to his spouse.
3. In view of the foregoing, there is no basis for granting the applicant's 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) AR20110023861
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ABCMR Record of Proceedings (cont) AR20110023861
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