BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130002677
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 he retired on 1 August 2009, the effective date of TEB Post 9/11 GI Bill.
3. The applicant provides DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 8 July 1987, and continued to serve until he retired on 31 July 2009 in the rank/grade of master sergeant (MSG)/E-8. He held military occupational specialty 13Z Field Artillery Senior Sergeant). His DD Form 214 issued shows he completed 22 years and 23 days of creditable active service.
2. 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).
3. On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused educational benefits to eligible family members.
4. 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 served on active duty from 8 July 1987 through 31 July 2009. The Post-9/11 GI Bill program was not in effect during his period of military service. He retired on 31 July 2009, one day 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) AR20110019080
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130002677
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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