IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120006613
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 transfer of his Post 9/11 GI Bill benefits to his dependents.
2. He states he was not properly notified that he could only transfer his Post 9/11 GI Bill benefits to his dependents while he was still on active duty. He was under the impression that he could make the transfer as a retiree. He did not discover he could not transfer his benefits until he spoke with the Department of Veterans Affairs in August 2011.
3. He provides no documentation in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant retired on 31 October 2007 after completing 21 years, 11 months, and 19 days of active military service.
2. On 20 June 2012, during the processing of this case, an advisory opinion was obtained from the Chief, Enlisted Career Systems Division, Office of the Deputy Chief of Staff, G-1, who recommended disapproval of the applicant's request. The advisory official stated, in part, that Public Law 110-252 limits eligibility to transfer unused education benefits to otherwise eligible members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009. The applicant's last day in service was 31 October 2007.
3. The applicant was given the opportunity to comment on the advisory opinion. He did not respond within the time allotted.
4. On 22 June 2009, 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.)
DISCUSSION AND CONCLUSIONS:
By law, the applicant is not entitled to the relief he has requested. Public Law 110-252 established 1 August 2009 as the effective date of Post 9/11 GI Bill provisions for transfer of education benefits. He retired on 31 October 2007, well before these provisions of law went into effect.
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.
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