IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120008120
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 approval to transfer his Post-9/11 GI Bill benefits to his dependents.
2. He states the Post-9/11 GI Bill benefits were released after he retired on 31 December 2008. Due to his retirement, he did not believe he was eligible for the benefits. As his dependent was registering for college, a Department of Veterans Affairs office provided information on the benefits to her.
3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant was retired on 31 December 2008 by reason of sufficient service for retirement.
2. Public Law 110-252 established the Post-9/11 GI Bill and authorized transfer of unused educational benefits to eligible dependents. The law limits eligibility to transfer unused educational benefits to those members of the Armed Forces serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.
DISCUSSION AND CONCLUSIONS:
By law, the applicant is not entitled to the relief he requested. Public
Law 110-252 established 1 August 2009 as the effective date of Post-9/11 GI Bill provisions for transfer of educational benefits. He retired on 31 December 2008 before this provision 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 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) AR20120008120
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ABCMR Record of Proceedings (cont) AR20120008120
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