BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120000227
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, in effect, approval of the Transfer of Educational Benefits (TEB) under the Post-9/11 GI Bill to his son.
2. The applicant states that he attempted to transfer his education benefits to his son on the Department of Defense Manpower Data Center (DMDC) website but his dependents did not "propagate." His son is 21 years old and a full-time student at California State, Northridge.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Joint Force Headquarters (JFH) California Army National Guard (CAARNG) Orders Number 149-1025, dated 29 May 2009
* Notification of Eligibility for Retired Pay at Age 60 memorandum, dated 3 May 2008
CONSIDERATION OF EVIDENCE:
1. After completing 20 years, 5 months, and 6 days of creditable active service, the applicant retired from the CAARNG on 30 April 2009 in the rank/grade of sergeant first class (SFC)/E-7.
2. The applicant provides copies of his amended retirement orders, his
DD Form 214, and his notification of eligibility to retire at age 60.
3. On 9 July 2012, this office received an unfavorable advisory opinion from the Chief, Personnel Policy Division, National Guard Bureau, recommending disapproval of the applicant's request to transfer his education benefits. The opinion cited Public Law 110-252 and its amendment Public Law 111-377 which establish the eligibility for Post-9/11 benefits and limit the transfer of 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.
4. On 9 July 2012, the advisory opinion was forwarded to the applicant for acknowledgement/rebuttal. No response was received.
5. On 22 June 2009, Department of Defense (DOD) guidance established the criteria for eligibility and transfer of unused education benefits to eligible family members. The policy states an eligible individual is 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, provided he or she:
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;
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;
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 service or 20 qualifying years of Reserve service; and
d. for those individuals who have an approved retirement date after 1 August 2009 and before 1 July 2010, no additional service is required.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests approval of TEB under the Post-9/11 GI Bill to his son.
2. The policy to transfer benefits was not implemented until July 2009 and required individuals to be on active duty as of 1 August 2009. He retired on 30 April 2009, approximately 3 months prior to the implementation of the
Post-9/11 GI Bill Transferability Program; therefore, by law he is not eligible to transfer benefits under the program to his family members.
3. In view of the foregoing, his request should be denied.
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) AR20120000227
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ABCMR Record of Proceedings (cont) AR20120000227
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