IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130000428
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 military records to allow him to transfer his education benefits to his daughter under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill.
2. The applicant states he is entitled to receive the benefits under the Post-9/11 GI Bill. When he retired on 1 August 2009, he was informed at his Army Career and Alumni Program (ACAP) briefing about the difference between Post-9/11 and Montgomery GI Bills. He decided to go with the Post-9/11 GI Bill because it would allow him to transfer any unused benefits to his daughter. He is in the process to trying to transfer 6 months of his benefits, but has been unable to do so. He called the Department of Veterans Affairs and he was told the program changed around 1 August or 1 September 2009. He was told he would have to obligate himself to another 4 or more years of military service that was not practical. He was deployed to Iraq, and he was never informed of the change to the program.
3. The applicant did not provide any supporting documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 10 February 1988. He attained the rank/grade of staff sergeant (SSG)/E-6.
2. On 31 July 2009, he was voluntarily retired by reason of sufficient service for retirement. He completed 21 years, 5 months, and 21 days of creditable active service.
3. On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy that identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program. The policy states that those who retire on or before 1 August 2009 are, by law, not eligible to transfer unused Post-9/11 GI Bill benefits because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009.
4. Public Law 110-252 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 of the U.S. Army on or after 1 August 2009.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active duty on 10 February 1988 and he continued to serve until performing his last active duty service on 31 July 2009. He was transferred to the Retired List on 1 August 2009. The Post-9/11 GI Bill program was not in effect during his period of active military service. The law states only those individual who served on active duty on or after 1 August 2009 are eligible to transfer education benefits under the provisions of the Post-9/11 GI Bill.
2. 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 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) AR20110020816
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