BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130002073
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 education benefits under the Transfer of Education Benefits (TEB) provision of the Post-9/11 GI Bill to his dependents.
2. The applicant states:
a. he started transitional leave in May 2009, with an effective retirement date of August 2009;
b. he was unaware of the transfer process; and
c. he was not afforded the opportunity to take advantage of the new change.
3. The applicant provides:
* Retirement orders
* DD Form 1172 (Application for Uniformed Service Identification Card DEERS Enrollment) (3 pages)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 2384 (Selected Reserve Educational Assistance Program (GI Bill) Notice of Basic Eligibility)
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that after having prior military service, he enlisted in the Regular Army on 26 July 2002. He continued to serve until he retired on 30 June 2009 in the rank/grade of first sergeant (1SG)/E-8.
2. His DD Form 214 shows he held military occupational specialty 31B (Military Police). It also shows he completed 20 years and 14 days of creditable active service.
3. Public Law 110-252 limits the eligibility to transfer unused benefits to those members of the Armed Forces who are serving on active duty or are members of the Selected Reserve. A Soldier must be currently on active duty or a member of the Selected Reserve at the time of transfer of educational benefits to his or her family members (on or after 1 August 2009).
4. On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational benefits to eligible family members.
5. 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.
a. 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 because their last day of duty will be 31 July 2009 and they will transfer to the Retired List on 1 August 2009.
b. However, the policy does apply to those so retired if they are recalled to active duty and serve on or after 1 August 2009 and before 2 August 2012.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed 20 years and 19 days service on active duty until he was retired on 30 June 2009. The Post-9/11 GI Bill program was not in effect during his military service. He retired on 30 June 2009, thirty-one days prior to the implementation of the program. 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. Regretfully, based on the law that is in effect, he is not eligible for the transfer of benefits.
3. There is neither an error nor an injustice in his case; therefore, 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) AR20130002073
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ABCMR Record of Proceedings (cont) AR20130002073
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