IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120010055 


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 transferred his Montgomery GI Bill (MGIB) educational benefits to his daughter under the 
Post-9/11 GI Bill prior to retiring from active duty.

2.  The applicant states that while still serving on active duty he was informed that the capability to transfer his educational benefits to his dependents was not operational.  

   a.  He confirmed that he had 32 months of eligibility remaining on his GI Bill educational benefits and he wanted to transfer the remaining benefits to his daughter, who was listed as an eligible dependent in the Defense Eligibility Enrollment Reporting System (DEERS).

   b.  He retired from active duty on 1 June 2009 at Fort George G. Meade, Maryland, and the option to transfer his benefits was not offered to him.

   c.  Later, when he attempted to transfer his educational benefits on the MilConnect website, there were no records available.

   d.  An official at the Army Education Services office informed him he could not transfer his educational benefits because he was retired and no longer eligible for the option.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.
CONSIDERATION OF EVIDENCE:

1.  A DD Form 214 shows the applicant enlisted in the Regular Army (RA) on
24 May 1988 and he was honorably discharged on 12 September 1996 to accept appointment as a warrant officer.  He had completed 8 years, 3 months, and
19 days of net active service this period.

2.  The applicant was appointed as a Reserve warrant officer and ordered to active duty on 13 September 1996 in the rank of warrant officer one.  He was promoted to chief warrant officer four/pay grade W-4 on 1 May 2007.

3.  A DD Form 214 shows the applicant was honorably retired on 31 May 2009 and transferred to the U.S. Army Reserve Control Group (Retired). He had completed 12 years, 8 months, and 18 days of net active service this period and 8 years, 3 months, and 19 days of total prior active service.

4.  In the processing of this case, an advisory opinion was obtained from the Chief, Education Incentives Branch, U.S. Army Human Resources Command, Fort Knox, KY.

	a.  The advisory official does not recommend administrative relief.

	b.  She notes the applicant's last day in military service was 31 May 2009.

	c.  The applicant is eligible to receive benefits under the Post-9/11 GI Bill for himself, as he meets the basic requirements for entitlements.

	d.  The advisory official states the applicant is not eligible to transfer benefits under the Post-9/11 GI Bill transferability program to his dependents because
public law limits eligibility to transfer unused benefits to those members of the U.S. Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.

   e.  She adds that the applicant could not complete the requirements in the Transfer of Education Benefits (TEB) online database because the incentive was not available to him.  The TEB database was operational on 29 June 2009.

5.  On 20 August 2012, the applicant was provided a copy of the advisory opinion in order to have the opportunity to respond to its contents.  The applicant stated he was informed during his retirement processing that his eligibility status could not be determined at the time.  Later, DEERS and Army Education Services officials mentioned to him that he “should/might” be eligible for the benefit.   His application to the Board is to obtain final confirmation of his situation.  He appreciates the consideration given and offered no further comment or rebuttal.

6.  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.  The law identified the qualifying Title 10 and Title 32 duty that a service member must have performed on or after 11 September 2001 to gain eligibility for the Post-9/11 GI Bill.

	b.  The Post-9/11 GI Bill TEB Program was implemented on 1 August 2009.

   c.  Eligibility to transfer unused benefits is limited to those members of the U.S. Armed Forces who were serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his MGIB educational benefits should be transferred to his daughter under the Post-9/11 GI Bill transferability option because the TEB online database was not operational at the time of his retirement processing and his eligibility was not clearly understood.

2.  Records show the applicant was serving in the RA on or after 11 September 2001 and that he honorably retired from active duty on 31 May 2009.

3.  The evidence of record shows that a service member must have been serving on active duty or as a member of the Selected Reserve on or after 1 August 2009.

4.  Unfortunately, since the applicant was not serving on active duty on or after
1 August 2009, he is not eligible for the Post-9/11 GI Bill transferability option.

5.  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 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)                                         AR20120010055



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ABCMR Record of Proceedings (cont)                                         AR20120010055



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