BOARD DATE:	 8 May 2012 

		DOCKET NUMBER:  AR20110022116 


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 his educational benefits were transferred to his eligible dependents, in a timely manner, in accordance with the Transfer of Education Benefits (TEB) provision of the 
Post-9/11 GI Bill.

2.  He states the procedure to transfer benefits had not been established prior to his going on terminal leave and after his retirement he could no longer transfer benefits because he was retired.  He states this is not fair and he is being penalized because he was on terminal leave and because of confusion about implementation of the program.  

3.  He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a DA Form 31 (Request and Authority for Leave), transition orders, and a GI Bill web site printout. 

CONSIDERATION OF EVIDENCE:

1.  He was retired for length of service on 31 July 2009 after completing more than 20 years of active duty.

2.  On 17 January 2012, an advisory opinion was obtained in the processing of this case.  The U.S. Army Human Resources Command recommended disapproval of the applicant's request because he was not a member of the service on or after 1 August 2009, which is a requirement established in law.

3.  The applicant was provided a copy of this advisory opinion for comment.  He did not respond.

4.  On 22 June 2009, Department of Defense (DOD) established the criteria for eligibility and transfer of unused education benefits to eligible family members.  The policy states, in pertinent part, that an eligible individual is any member of the Armed Forces on or after 1 August 2009 who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, is eligible for the Post-9/11 GI Bill.

5.  On 10 July 2009, the Army released the Post-9/11 GI Bill Implementation Policy which identified and established responsibilities, eligibility criteria, benefits, and detailed guidance on the administration of the program.

DISCUSSION AND CONCLUSIONS:

He retired from active duty on 31 July 2009.  Therefore, he was not on active duty or a member of the Selected Reserve on or after 1 August 2009, which is a requirement established in law.  As such, he was not entitled to transfer his education benefits.

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)                                         AR20110022116



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ABCMR Record of Proceedings (cont)                                         AR20110022116



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