GI Bill with Medical Discharge for Junior Officers?

Discussion in 'Informal Physical Evaluation Board' started by cami09, Dec 1, 2011.

  1. cami09

    cami09 PEB Forum Veteran

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    Are Officers that went through ROTC/Service Academy eligible to receive Post 9/11 GI Bill benefits with a medical discharge if they are still in their service obligation timeframe?
    EX: ROTC grad obligation = 4 years AD; Svmbr Medically separated at 3 years... are they eligible?
     
  2. italianguy4

    italianguy4 PEB Forum Veteran

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    i could be wrong but i enlisted for 4 years in the air force but was put on tdrl at 1 year 8 months and from what i heard if the disability is service connected you are eligible for 100 percent of the post 9/11 . tdrl members have trouble sometimes getting the 100 percent because va reps say no, but it is specifically said on the internet and by the va that tdrl members receive 100 percent of the post 9/11 due to their disability being service connected. so i would say yes you are eligible if you medically discharged with a service connected condition..im assuming you were given severance? so you should have no problem getting 100 percent post 9/11. please anyone input in and correct me if i am wrong, but i am 99 percent sure if you have a service connected disability and were medically discharged including TDRL, you receive 100 percent of the post 9/11
     
  3. jlm

    jlm PEB Forum Veteran

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    Yes. And you are allowed to transfer benefits to dependents as well.
     
  4. ankspondLT

    ankspondLT PEB Forum Regular Member

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    Any references that state this? I submitted a question on the e-benefits site and the individual that responded basically said "I can't tell you over the internet so just send in your application and we'll see..."

    That's bullsh*t, there must be a policy/instruction/note/memo somewhere that addresses this.
     
  5. comeback

    comeback PEB Forum Veteran

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    From what I could find, you seem to be eligible. You can apply and get your answer that way. Another option is to ask your question on the VA's GI Bill website https://gibill.custhelp.com/app/utils/login_form/redirect/ask and they are usually very good at answering questions was my experience. In the meantime this following link http://www.gibill.va.gov/documents/letters/ch33_veteran_outreach_letter(2).pdf provides general information on basic eligibility and states that medically discharged service members may be eligible for those benefits. The good news in that article is that medical separation entitles you to 100% rate of the Post 9/11 GI Bill. Keep your head up. My point is if a disabled veteran with only basic training as time served qualifies because of a service connected injury, then so should you, because the rules are different now. Your injury prevents you from fullfilling the remainder of your contract and as such, time served should be counted towards GI Bill eligibility too.
     
  6. Brian Ogle

    Brian Ogle New Member

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    Isn't there a minimum of years served needed to transfer benefits?
     
  7. jlm

    jlm PEB Forum Veteran

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    I just accidentally erased a lengthy and carefully constructed response. To paraphrase, I'm human and have been wrong before. However, I do know of soldiers medical processing out who transferred to their spouse with less than 10 years time. Not sure if there was some glitch that led to them being able to do this. If a trooper's service-related injuries, especially if combat related, lead to medical separation, I find it reprehensible to deny them the ability to transfer benefits and can't imagine that it would stay that way for long with a loud enough voice in congress.

    It looks like the Navy does not allow anyone with less than ten years who hasn't already transferred benefits, which is a shame. Navy Establishes GI Bill Transferability for Limited Duty Sailors

    Here's another Army poster on here that had difficulty, but was eventually able to get the transfer done.
    http://www.pebforum.com/f113/gi-bill-19240/index5.html

    Finally, here's an Army article that discusses transfer. While it doesn't address medical separation, the article is from April 2011 and has contact info at the bottom to get answers to specific questions about transferring.
    Soldiers must transfer post 9/11 G.I. Bill benefits before retirement and dependent children turning | Article | The United States Army

    Soldiers must transfer post 9/11 G.I. Bill benefits before retirement and dependent children turning

    April 8, 2011

    By By Master Sgt. Christina Steiner, Public Affairs Office, U.S. Army Human Resources Command
    Story Highlights

    * Education Incentives Branch
    * The Adjuctant General Directorate
    * U.S. Army Human Resources Command
    * 1-888- ARMYHRC (276-9472

    FORT KNOX, Ky. - Service members wanting to transfer their post 9-11 G.I. Bill benefits to dependent children must do so before they retire and before their children turn 23 years old.

    This is according to the chief, Education Incentives Branch (EIB), the Adjutant General Directorate (TAGD), U.S. Army Human Resources Command. In fact, these are the two top reasons Soldiers are denied transfer benefits, said Sarah Rowley, chief, EIB. Soldiers sometimes file erroneous congressional inquiries based upon this.

    "Another important fact is that dependents must be registered in DEERS (Dependent Enrollment Eligibility System) and they must be full-time college students," Rowley said. They must take an active interest yearly because DEERS staff regularly checks their college status, and they will be dropped from DEERS if they're not full-time students."

    Teddi Embrey, a human resource specialist who also works in the TAGD's EIB added: "You must have been a full-time college student in DEERS by age 21; you have to have the benefits transferred to you by age 23, and you have up until age 26 to use them. You can't just wait until the child is 21 to start the process."

    Service members interested in transferring post 9/11 G.I. Bill benefits to qualifying children, start the process through the EIB, Embrey said. They must also be on active duty or selective Army Reservists.

    "We're not having many problems with the post 9-11 G.I. Bill itself," Rowley said, "it's with the transferring process and people not getting all the information correct.

    "The VA keeps numbers on overall service members who use the G.I. Bill, but since the transfer process began nearly two years ago, 58,000 Soldiers have transferred their benefits, including the National Guard, Rowley said. Different agencies work the transfer process, depending upon what type of category the Soldier falls into-enlisted, officer, warrant officer, and depending upon career field."

    Additional notes defining eligibility for transferability of education benefits include:

    Aca,!Ac Not barred for reenlistment or flagged due to adverse personnel actions
    Aca,!Ac Having at least six years of service on the date of request
    Aca,!Ac Have completed a minimum of six years in the Armed Services and agreeing to serve another four years from the date of request, or
    Aca,!Ac Have at least 10 years of service on the date of election and not being able to commit four more years due to a retention control point or mandatory retirement date, and commit to serve for the maximum time allowed by either the RCP or the MRD as the date of request, or
    Aca,!Ac Have served at least 20 years on or before August 1, 2009, therefore, no additional service required.

    Requests to transfer benefits begin by using the DoD's Transferability of Education Benefits (TEB) website at: https://www.dmdc.osd.mil/TEB/. Steps include:

    Aca,!Ac Check the "Post 9/11 G.I.Bill Chapter 33."
    Aca,!Ac Edit the information for any transferees
    Aca,!Ac Check all the "Transferability" acknowledgements
    Aca,!Ac Print a copy for records and submit electronically

    Upon receiving DoD approval, apply through the Veterans Affairs online application at: http://vabenefits.vba.va.gov/vonapp/main.asp and use Form 22-1990E.

    "We are administrators of the program but the VA makes the legislation," Rowley said.

    For more information, contact the Department of Veterans Affairs (Education) at 1-888-4551 or visit Welcome to the GI Bill Web Site | The Home for All Educational Benefits Provided by the Department of Veterans Affairs.

    If enlisted Soldiers experience problems they should contact their retention NCO/career counselor office; officers between the ranks of first lieutenant to lieutenant colonel and warrant

    officer 1 or selected reserves should contact the HRC Education Incentives Branch officer at 1-800-872-8272.

    For more information on the Post 9/11 G.I. Bill transfer process or other education services, call 1-888 ARMYHRC (276-9472) or email the EIB at: hrc.tagd.post911gibill@conus.army.mil'
     
  8. cami09

    cami09 PEB Forum Veteran

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    I posed this question to the GI Bill website and they replied "Probably not. VA can not count the same time periods used to satisfy the ROTC scholarship to determine eligibility for the Post 9/11 GI BILL. You would have to apply for the benefits before we can give you a formal determination." I think this is wrong. My intention was to have a career in the Navy but because I went into kidney failure before I was able to serve the correct amount of time to earn a GI Bill I do not qualify. Unfortunately like so many of us, we do NOT have control of when we are afflicted by illness or injury. The medical discharge timeframe of 30 days should apply to everyone regardless of their service obligations.
     
  9. DankyDave

    DankyDave PEB Forum Regular Member

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    Had the same issue trying to transfer mine. They told me to re-enlist for 4 more years, as I was half way through my PEB.
     
  10. carnelli53

    carnelli53 PEB Forum Veteran

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    At a minimum, you need at least 6 years of active service and agree to serve 4 more years to qualify for G.I. Bill transferability. For members undergoing a MEB/PEB, the services seem to provide ways around the 4 year re-enlistment requirement, contingent on the situation (as referral to the PDES usually serves as a bar to reenlistment). While medical separation/retirement entitles one to 100% of Post 9/11 GI Bill benefits, this does not circumvent the 6-year minimum service requirement for transferability.

    In any case, you need at least 6 years of active service under the current law to transfer Post 9/11 GI Bill Benefits to eligible dependents. It is also important to note that eligibility for transfer is a DoD determination, not VA.
     
  11. cami09

    cami09 PEB Forum Veteran

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    I'm sorry I wasn't clear in my last post. My question to the VA was if I was eligible to receive the post 9/11 benefits with a medical discharge with 3 years service but still within my ROTC obligation of 4yrs. I didn't ask if I can transfer them to dependents (I don't have any dependents).
     
  12. carnelli53

    carnelli53 PEB Forum Veteran

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    Short answer: you are likely ineligible.

    See 38 U.S.C. § 3311(d)(1):

     
  13. comeback

    comeback PEB Forum Veteran

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    Carnelli, you are partially correct. There is more to it per this link Electronic Code of Federal Regulations:.

    (5) Issues for Members with Entitlement to Existing Education Programs —(i) Members Eligible for Existing Programs. An individual may elect to receive educational assistance under chapter 33 of title 38, U.S.C., if such individual, as of August 1, 2009,
    (A) Is entitled to basic educational assistance under MGIB, and has used, but retains unused, entitlement under chapter 30 of title 38, U.S.C.;
    (B) Is entitled to educational assistance under EATP, MGIB–SR, or REAP, and has used, but retains unused, entitlement under the applicable program;
    (C) Is entitled to basic educational assistance under MGIB, but has not used any entitlement under chapter 30 of title 38, U.S.C.;
    (D) Is entitled to educational assistance under EATP, MGIB–SR, or REAP, but has not used any entitlement under such program;
    (E) Is a member of the Armed Forces who is eligible for receipt of basic educational assistance under MGIB, and is making contributions toward such assistance under sections 3011(b) or 3012(c) of title 38, U.S.C.; or
    (F) Is a member of the Armed Forces who is not entitled to basic educational assistance under MGIB, by reason of an election under sections 3011(c)(1) or 3012(d)(1) of title 38, U.S.C.; and
    ( G ) As of the date of the individual's election under paragraph (a)(5)(i)), meets the requirements for entitlement to educational assistance under chapter 33 of title 38, U.S.C.

    That is how he may be eligible for the post 9/11 under 38 U.S.C., chapter 33, section 65.6 (5). For OP's sake, I hope I am right.

    Sections 3011(c)(1) and 3012 (d)(1) state the following:
    "An individual described in subsection (a)(1)(A) of this section may make an election not to receive educational assistance under this chapter. Any such election shall be made at the time the individual initially enters on active duty as a member of the Armed Forces. Any individual who makes such an election is not entitled to educational assistance under this chapter."

    So, question is now, did OP decline MGIB in order to accept ROTC/USMA?
     
  14. sean6860

    sean6860 PEB Forum Veteran

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    Anyone have any more info on this? I am in the same boat, and have already been accepted into grad school. I would prefer to have the GI Bill and Yellow Ribbon Program, but will make do without if they deny me. I have already applied for it electronically but am looking for a little peace of mind i guess. thanks
     
  15. ranger2992

    ranger2992 Staff Member PEB Forum Veteran

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    As far as the Army goes, you can transfer your benefits. The service you belong to is the starting point. In the Army, your request for transfer will go to your branch for approval. If you are in the MEB process, they will approve. The VA rep at your SFAC will help you do this. It took 5 days from start to finish for my stuff to read approved on the E Benefits site. The VA rep was very helpful, but told me I would need to email my branch and let them know the request was coming their way.

    Each service has their own rules regarding the transferability requirements. Again, if you are in the Army, go to your SFAC and they will square you away. They do it all day and are very good at it. If you are not near an SFAC, find a major post and give the SFAC a call and they will help. As far as other services, I can't help.

    Joe
     
  16. sean6860

    sean6860 PEB Forum Veteran

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    Thanks Joe, But I am more interested in the original question of eligibility. I am a west point grad but am being medically discharged for a service connected disability before my ADSO is up. I have the 30 days of active duty required but am unsure if it will be awarded to me.
     
  17. pittpan2005

    pittpan2005 PEB Forum Veteran

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    How I read this one is that when Post 9/11 came out all ROTC and Academy grads became eligible where under previous GI Bill were not. As long as you were eligible for the Post 9/11 and then underwent MEB/PEB and led/leads to Chapter 61 status, time requirements of 9/11 Bill are not required. You should be treated like anyone else who was/is entitled to post 9/11. You shouldn't be denied based on attendance to service academy or ROTC scholarship.

    If you haven't enrolled in post 9/11 do so. Go through DoD for eligibility, not VA.
     
  18. sean6860

    sean6860 PEB Forum Veteran

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    Well I used the ebenefits site. Not sure if that's DoD or VA; both claim to be owners of the site.
     
  19. pittpan2005

    pittpan2005 PEB Forum Veteran

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  20. NDBravehart84

    NDBravehart84 PEB Forum Veteran

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    Under the new GI Bill, if you serve 36 months active duty you are fully vested...... unless you have used the GI Bill before...... You can only earn and use 48 months of elegibility in a life time. I don't know about the Montgomery GI bill. Don't forget about VOC REHAB....... different program. :cool:
     

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