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Date
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Joint Personnel J 20 Add (CC) IN
Category
Joint
State
Indiana
Type Draft
Add Item
State Association First Name
Nicole
State Association Last Name
Stilianos
Proposal Statement
Change the law to allow all AC and RC service members to fully transfer unused Post 9/11 GI Bill benefits to family members regardless of how the service member earned a college degree prior to 11 Sep 2001.
Recommendation Information
Active component (AC) and Reserve Component (RC) service members who earn Post 9/11 GI Bill benefits have their benefit decremented one month for every month that they used Montgomery GI Bill (MGIB) benefits to earn a college degree. Those AC and RC individuals are treated inequitably to service members who obtained a college degree through a Service Academy or ROTC Scholarship and are thusly entitled to transfer all 36 months of their Post 9/11 GI Bill benefit to eligible family members.
Before Post 9/11 GI Bill enactment, AC and RC service members who obtained a college degree from a Service Academy or ROTC Scholarship were ineligible to earn MGIB benefits according to 38 USC § 3011(c). The Post 9/11 GI Bill entitled those individuals to earn up to 36 months of education benefits that they could transfer in full to family members. All other AC and RC service members traditionally used MGIB education benefits prior to Post 9/11 GI Bill enactment. The Post 9/11 GI Bill entitled those individuals to earn up to 36 months of education benefits that they could transfer to family members except that a 48-month limitation required by 38 USC § 3695 restricts the total period in which an individual can receive educational assistance by combining two or more GI Bill programs.
John obtained his bachelor degree at the US Air Force Academy in 1999; therefore, he was ineligible to earn GI Bill benefits until the Post 9/11 GI Bill was enacted after which he earned 36 months of education benefits that he fully transferred to his son Adam.
Jane is a reservist who earned her college degree in 1999 by using 36 months of MGIB-SR benefits. She was later mobilized for Operation Enduring Freedom during which time she earned 36 months of Post 9/11 GI Bill benefits that she transferred to her daughter, Eve who is attending the same college as Adam. However, 38 USC § 3695 requires the Veteran’s Administration to subtract the 36 months of used MGIB benefits from the 48 month statutory limitation so Jane only has 12 months of Post 9/11 GI Bill benefit remaining to transfer to Eve. John’s son Adam will use all 36 months of Post 9/11 GI Bill benefits to graduate college at no additional cost to his family whereas Jane will have to find other means to pay the remaining 24 months of Eve’s college tuition.
TASK FORCE RECOMMENDATION: CONCUR NGB RECOMMENDATION: Requirement
Before Post 9/11 GI Bill enactment, AC and RC service members who obtained a college degree from a Service Academy or ROTC Scholarship were ineligible to earn MGIB benefits according to 38 USC § 3011(c). The Post 9/11 GI Bill entitled those individuals to earn up to 36 months of education benefits that they could transfer in full to family members. All other AC and RC service members traditionally used MGIB education benefits prior to Post 9/11 GI Bill enactment. The Post 9/11 GI Bill entitled those individuals to earn up to 36 months of education benefits that they could transfer to family members except that a 48-month limitation required by 38 USC § 3695 restricts the total period in which an individual can receive educational assistance by combining two or more GI Bill programs.
John obtained his bachelor degree at the US Air Force Academy in 1999; therefore, he was ineligible to earn GI Bill benefits until the Post 9/11 GI Bill was enacted after which he earned 36 months of education benefits that he fully transferred to his son Adam.
Jane is a reservist who earned her college degree in 1999 by using 36 months of MGIB-SR benefits. She was later mobilized for Operation Enduring Freedom during which time she earned 36 months of Post 9/11 GI Bill benefits that she transferred to her daughter, Eve who is attending the same college as Adam. However, 38 USC § 3695 requires the Veteran’s Administration to subtract the 36 months of used MGIB benefits from the 48 month statutory limitation so Jane only has 12 months of Post 9/11 GI Bill benefit remaining to transfer to Eve. John’s son Adam will use all 36 months of Post 9/11 GI Bill benefits to graduate college at no additional cost to his family whereas Jane will have to find other means to pay the remaining 24 months of Eve’s college tuition.
TASK FORCE RECOMMENDATION: CONCUR NGB RECOMMENDATION: Requirement
Resolution No.
20
Item No
New
Fiscal Year
2015
State Association Email
State Association Phone Number
317-247-3196
