IN THE CASE OF: BOARD DATE: 15 May 2012 DOCKET NUMBER: AR20110022248 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 his retirement date be changed from 31 July 2009 to 1 August 2009 so he will be eligible to transfer his Post-9/11 GI Bill educational benefits to his children. 2. The applicant states that because he retired on 31 July 2009 he is not eligible to transfer his Post 9/11 GI Bill education Benefits to his children. To his knowledge the law pertaining to the transfer of the benefits was not finalized until after his retirement date. 3. The applicant provides copies of: * his DD Form 214 (Certificate of Release or Discharge from Active Duty) * 5 October 2011 letter from the Department of Veterans Affairs (VA) to the Honorable Peter DeFazio, House of Representatives CONSIDERATION OF EVIDENCE: 1. The applicant retired from the Army of the National Guard of the United States, in the rank of sergeant first class/E-7. 2. 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. 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. 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. 3. On 31 July 2009, he was discharged from the Army National Guard due to sufficient service for retirement as a SFC on 1 August 2009. His DD Form 214 shows he last entered active duty 14 April 1989. He was credited with over 20 years of creditable active service. 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. The applicant's last day in service was 31July 2009. DISCUSSION AND CONCLUSIONS: 1. The applicant served on active duty from 14 April 1989 to 31 July 2009. The Post 9/11 GI Bill program was not in effect during his period of military service. Although 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 laws and regulation, the applicant is neither entitled to a change to his retirement date nor eligible for the transfer of 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) AR20110020816 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110022248 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1