IN THE CASE OF:	  

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110023519 


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, in effect, correction of her records to show half of her educational benefits were transferred to her spouse, in a timely manner, in accordance with the Transfer of Education Benefits provision of the 
Post-9/11 GI Bill.

2.  She states she retired prior to the original date to transfer the benefits.  She states that there is no error, but that her husband transferred his benefits to his son and now she would like to transfer half of her benefits to her spouse.

3.  She provides her DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  She was retired for length of service on 28 February 2009 after completing more than 20 years of active duty.

2.  On 24 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 she 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.  She 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:

She retired from active duty on 28 February 2009.  Therefore, she 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, she is 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)                                         AR20110023519



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ABCMR Record of Proceedings (cont)                                         AR20110023519



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