IN THE CASE OF: BOARD DATE: 27 March 2012 DOCKET NUMBER: AR20110019516 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 elected transfer of his Post-9/11 GI Bill benefits to his spouse. 2. The applicant states he submitted paperwork while he was on active duty but no status was ever received. He claims his request to transfer benefits was mishandled by the Fort Lee, Virginia, retention officer. 3. The applicant provides no additional evidence in support of is application. CONSIDERATION OF EVIDENCE: 1. The applicant's final DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably retired on 31 January 2011. 2. In connection with the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1. It indicates the law governing the transferability of unused Post-9/11 GI Bill benefits places legal limitations on transferability. It limits the eligibility to transfer unused Post-9/11 GI Bill benefits to those members of the Armed Forces who apply while still on active duty. In this case, the applicant would have been eligible had he transferred them before he left service. Based on the details of this case, G-1 does not recommend granting the requested relief unless the applicant can provide evidence showing he attempted to transfer his educational benefits prior to leaving military service. 3. On 29 November 2011, the applicant was provided a copy of the G-1 advisory opinion in order to have the opportunity to reply or rebut its contents. To date, he has failed to respond. 4. The Post-9/11 Veterans Educational Assistance Act of 2008 is described under Title V of the Supplemental Appropriations Act of 2008, Public Law 110-252, House of Representatives, 2642. In July of 2008, Congress passed a law for the Post-9/11 GI Bill which went into effect on 1 August 2009. 5. Public Law 110-252, section 3319, provides the eligibility requirements necessary to transfer unused educational benefits to family members. A service member may execute transfer of benefits only while serving as a member of the Armed Forces. The Department of Veterans Affairs is responsible for final determination of eligibility for educational benefits under this program. General eligibility criteria are as follows: a. Service members must have accrued specific qualifying active duty service on or after 11 September 2001 of at least 30 continuous days of qualifying active duty service if discharged due to a service-connected disability or between 90 days and 36 months or more of total aggregate qualifying active duty service. b. Service members must have served on active duty in the Regular Army or as a Reserve member ordered to active duty under Title 10, U.S. Code, sections 688, 12301(a), 12301(d), 12301(g), 12302, and 12304 (orders in support of contingency operations, i.e., mobilization), and must have received an honorable discharge at the conclusion of active duty service. 6. The program guidance stipulates that if a service member becomes retirement eligible during the period 1 August 2009 through 1 August 2013 and agrees to serve the additional period as specified below, he/she is entitled to transfer benefits to his/her dependents. A member is considered to be retirement eligible upon completion of 20 years of active Federal service or 20 qualifying years as computed under Title 10, U.S. Code, section 12732: a. service members eligible for retirement on 1 August 2009 – no additional service required; b. service members who have an approved retirement date after 1 August 2009 and before 1 July 2010 – no additional service required; c. service members eligible for retirement after 1 August 2009 and before 1 August 2010 – 1 year of additional service is required; d. service members eligible for retirement on or after 1 August 2010 and before 1 August 2011 – 2 years of additional service is required; e. service members eligible for retirement on or after 1 August 2011 and before 1 August 2012 – 3 years of additional service is required; and f. active duty service members who separate, retire, transfer to the Reserve, or who are discharged on or prior to 1 August 2009 are not eligible to elect transferability. DISCUSSION AND CONCLUSIONS: The applicant's request to transfer his Post-9/11 GI Bill benefits to his spouse has been carefully considered. However, the governing law is very specific in requiring that a member apply to transfer the benefits while still on active duty. In this case, there is no evidence of record or independent evidence provided by the applicant that supports his assertion that he applied to transfer the benefits prior to leaving active duty. As a result, there is an insufficient evidentiary basis to support 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 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) AR20110019516 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110019516 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1