For periods of enrollment that begin after July 1, 2009, members of the armed forces (Army, Navy, Air Force, Marine Corps, and Coast Guard) on active duty for a period of more than 30 days and his or her spouse, or his or her dependent children will be eligible to receive in-state tuition at public colleges and universities in the state where they reside or are permanently stationed. Once a Service member or their family members are enrolled and paying in-state tuition, they will continue to pay the in-state tuition rate as long as they remain continuously enrolled at the institution even if the Service member is reassigned outside the state.

The Department of Education has worked with the institutions of higher education and is confident they are aware of the changes in the law and are fully implementing the policy. However, as we all know, there is always the chance that someone just doesn’t get the word. If this happens, you should contact the financial aid or registrar’s office at the institution. You can also contact the Veterans Affairs office at the institution. Even though you are active duty, these offices should be able to assist you. In the rare cases where these steps don’t resolve the situation, please contact the Department of Education’s Ombudsman’s office (toll-free at 877 557-2575).

The new Post 9/11 GI Bill entitles soldiers to transfer their education benefits to their dependents if they choose. The GI Bill education benefits can be transferred to a spouse or child if the soldier meets certain conditions.

Eligibility

Benefits can only be transferred to dependents who are enrolled in DEERS (Defense Enrollment Eligibility Reporting System).

• The soldier must have served a minimum of six years and reenlist for an additional four years in order to transfer benefits to dependents.

Or

• If the soldier has served ten years and is precluded from reenlisting, he must serve out the maximum time he is allowed.

Or

• Retirement before July 1, 2010 = no additional service
• Retirement before August 1, 2010 = one year of additional service
• Retirement after August 1, 2010 and before August 1, 2011 = two years of additional service
• Retirement after August 1, 2011 and before August 1, 2012 = three years of additional service

Transfer of Education Benefits

The soldier must apply through the Army to be approved to have benefits transferred to dependents. This can be completed online. Visit the VA’s GI Bill website for more details and links.

Applying for Benefits

After the approval has been given by the Army, the family member who is receiving benefits needs to complete VA Form 22-1990e that is available on the VA’s website. This form can be filled out online and submitted or printed and mailed to the VA office corresponding to the school address.

On August 1, 2009, the new Post 9/11 GI Bill was introduced. It is distinctly different from the old Montgomery GI Bill programs.

One of the major differences for families is that it allows for the benefits to be transferred to dependents in certain circumstances. While this was also possible with the Montgomery GI Bill programs as well, it was even more limited.

The Post 9/11 GI Bill differs in these main ways:

• Tuition is paid directly to the school instead of to the soldier
• The amount of tuition benefit differs by state based on the highest tuition rates for public institutions in that state
• Soldiers receive a book allowance of $1,000
• Soldiers receive BAH at the with dependents rate for an E-5 (regardless of rank) based on the school’s zip code (not available to active duty)
• Benefits can be transferred to dependents more easily
• The $1,200 buy-in that was required in the first year of service is no longer a necessity

Soldiers who signed up under the Montgomery GI Bill can transfer their benefits to the Post 9/11 GI Bill. Be aware that this transfer is permanent and cannot be reversed. It is in your best interest to thoroughly compare benefits and payment amounts before switching to the new program.

For instance, if you are pursuing online classes only, you may not be eligible for BAH. In that instance, it may be better financially for you to stay with the old version of the GI Bill.

For more information on the Post 9/11 GI Bill (including how to sign up for it), visit the Department of Veterans Affairs website.

This information is from the VA’s website: http://www.gibill.va.gov/GI_Bill_Info/CH33/Transfer.htm

Additional information can be found here:

http://www.defenselink.mil/home/features/2009/0409_gibill/

Eligibility

Any member of the Armed Forces (active duty or Selected Reserve, officer or enlisted) on or after August 1, 2009, who is eligible for the Post-9/11 GI Bill, and:

• Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election.
• Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to 4 additional years, and agrees to serve for the maximum amount of time allowed by such policy or statute, or
• Is or becomes retirement eligible during the period from August 1, 2009, through August 1, 2013.  A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service.
  • For those individuals eligible for retirement on August 1, 2009, no additional service is required.
  • For those individuals who have an approved retirement date after August 1, 2009, and before July 1, 2010, no additional service is required.
  • For those individuals eligible for retirement after August 1, 2009, and before August 1, 2010, 1 year of additional service after approval of transfer is required.
  • For those individuals eligible for retirement on or after August 1, 2010, and before August 1, 2011, 2 years of additional service after approval of transfer are required.
  • For those individuals eligible for retirement on or after August 1, 2011, and before August 1, 2012, 3 years of additional service after approval of transfer required.

An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement to:

• The individual’s spouse.
• One or more of the individual’s children.
• Any combination of spouse and child.

A family member must be enrolled in the Defense Eligibility Enrollment Reporting System (DEERS) and be eligible for benefits, at the time of transfer to receive transferred educational benefits.

A child’s subsequent marriage will not affect his or her eligibility to receive the educational benefit; however, after an individual has designated a child as a transferee under this section, the individual retains the right to revoke or modify the transfer at any time.

A subsequent divorce will not affect the transferee’s eligibility to receive educational benefits; however, after an individual has designated a spouse as a transferee under this section, the eligible individual retains the right to revoke or modify the transfer at any time.

Nature of Transfer

An eligible Service member may transfer up to the total months of unused Post-9/11 GI Bill benefits, or the entire 36 months if the member has used none.

Family member use of transferred educational benefits is subject to the following:

• Spouse:
  • May start to use the benefit immediately.
  • May use the benefit while the member remains in the Armed Forces or after separation from active duty.
  • Is not eligible for the monthly stipend or books and supplies stipend while the member is serving on active duty.
  • Can use the benefit for up to 15 years after the service member’s last separation form active duty.

• Child:
  • May start to use the benefit only after the individual making the transfer has completed at least 10 years of service in the Armed Forces.
  • May use the benefit while the eligible individual remains in the Armed Forces or after separation from active duty.
  • May not use the benefit until he/she has attained a secondary school diploma (or equivalency certificate), or reached 18 years of age.
  • Is entitled to the monthly stipend and books and supplies stipend even though the eligible individual is on active duty.
  • Is not subject to the 15-year delimiting date, but may not use the benefit after reaching 26 years of age.

To Apply

First you must go to the DoD transferability application website to determine if your dependents are eligible to receive the transferred benefits. This website is only available to military members.

Click here to visit that site (non-VA Link, Internet Explorer only)

Upon approval, family members may apply to use transferred benefits with VA by completing VA Form 22-1990e.  VA Form 22-1990e should only be completed and submitted to VA by the family member after DoD has approved the request for TEB.  Do not use VA Form 22-1990e to apply for TEB.

To access the electronic version of VA Form 22-1990e click here

To access the paper version of VA-Form 22-1990e click here.

This information is from the Veteran’s Administration website.

This information can also be found in a PDF file here.

Transfer of MGIB Benefits to Spouse

Army Pilot Program

*ELIGIBLE Military Occupational Specialties (MOSs): Soldiers must be currently serving in and reenlist in one of the MOSs identified in the current Regular Army Active Component Selective Reenlistment Bonus (SRB) Program.  ALSO NOTE “Important”section below!

The following procedures and guidance are established to facilitate implementation of the FY06 Army pilot program for the purpose of transferring MGIB benefits to spouses. The pilot program is authorized under Title 38, U.S. Code, Chapter 30 (amended by PL 107-107), the Montgomery GI Bill (MGIB). The Department of Veterans Affairs (DVA) manages the MGIB and is responsible for all matters pertaining to payment and program specifics of individuals applying for benefits under this program.   HQDA DCS, G-1 has overall responsibility for policy, procedures and guidance matters pertaining to identifying eligible Soldiers and managing the program within the Army.

Important! All eligible Soldiers desiring to participate in the program must complete a DD Form 2366-2, Montgomery GI Bill Act of 1984 (MGIB) Transferability Program.  This applies even in cases where a spouse is not designated at the time of reenlistment to receive benefits. The form serves as an election form and proof of participation in the program.   Participants will complete a new form each time a change or addition is made in block 2 (Family Member Data) of the form.

Because this program is bound by law to retention of critical skills, Soldiers must elect to participate at the time of reenlistment, and must reenlist for a minimum of 4 years.  Soldiers who don’t select the MGIB Transferability option at the time of reenlistment will not be eligible to participate in the program until a subsequent reenlistment period.

Participant Responsibility, Eligibility, and Acceptance:

Participants must ensure they meet the following eligibility requirements and take the following actions to participate in the program:

-  MGIB-era Soldiers who are eligible for MGIB must have enrolled in the MGIB on DD Form 2366 upon initial entry to active duty.  This can be verified by viewing the Official Military Personnel File (OMPF) online at the Army Knowledge Online (AKO) website at https://www.us.army.mil.  The DD Form 2366 should be found under the category “General Administrative” or in the initial enlistment contract.    If the DD Form 2366 is not found, the current procedure is for the Soldier to visit his/her Army Education Center for assistance in determining MGIB eligibility only.  Retention Career Counselors will determine eligibility to transfer MGIB benefits to include enrollment.

-   Completed at least 6 years of service in the Armed Forces at the time of reenlistment.

-  Reenlist for a period of at least 4 years and complete DD Form 2366-2

with their servicing Army Retention Career Counselor.

-  Currently entitled to a Zone B or Zone C SRB under current messages.

Purpose of the DD Form 2366-2 (Montgomery GI Bill Act of 1984 / Transferability Program).

This document serves as proof of participation in the pilot.   Once an eligible Soldier decides to participate in the program, he/she must contact his/her Retention Career Counselor and complete a DD Form 2366-2 at the time of reenlistment.

Participant Processing.

The following procedures are designed to ensure proper counseling, enrollment, and processing of eligible Soldiers electing MGIB transferability.

DCS, G-1, Director of Military Personnel Management (DMPM).

- Provide policy guidance and oversight of program.

Army Human Resources Command (AHRC), Alexandria, Force Alignment Division

- Oversee reenlistment process, provide retention community with program information, and coordinate Soldier eligibility issues.

- Receive and track elections of eligible Soldiers through receipt of DD Form 2366-2s.  Maintain master list of participants and provide participation data to the DVA.  Maintain copies of DD Form 2366-2.

Retention Career Counselors.

- Widely publicize the pilot program through Commander’s Calls, newspapers, Daily Bulletins, etc.

- At the time of reenlistment, if the Soldier is entitled to a Zone B or Zone C SRB under current messages, the Retention Career Counselor will counsel Soldiers on their options to include transferability of MGIB entitlements to their spouse.  A key element of that counseling will include an explanation that if the Soldier elects MGIB Transferability, the Zone B or C multiplier, used in determining their bonus, will be slightly reduced in order to fund the actuary per capita cost of transferring benefits.  Ultimately, these funds will be deposited into the DoD Education Benefits Fund by DFAS.

- Confirm participant is enrolled in the MGIB and eligible for reenlistment prior to completing a DD Form 2366-2.

- Complete the reenlistment process in accordance with AR 601-280.

- If the Soldier elects to participate, but chooses not to designate a spouse at the time of reenlistment, blocks 1 and 4 are completed.  Designations can be made later by completing a new DD Form 2366-2.

- If the Soldier elects to participate and designates their spouse at the time of reenlistment, blocks 1-2 are completed.  The Career Counselor then completes blocks 3 and 4 after verifying that the Soldier’s spouse is in DEERS and that the Soldier is eligible for transferability.

- Once completed, the Career Counselor provides a copy to the Soldier, while copies are sent via USPS or facsimile to the Army Human Resources Command (AHRC), Alexandria, Force Alignment Division (FAD), the Defense Finance and Accounting Service (DFAS), and a copy is forwarded with the reenlistment contract to the Enlisted Records and Evaluations Center (EREC).

-  The form will be maintained at Human Resources Command (AHRC), Alexandria, Force Alignment Division (FAD).  The participant is responsible for providing the DVA with a copy of the form when applying for education benefits.  AHRC will subsequently maintain and forward the following information to the DVA as DD Form 2366-2s are received:

- Transferor (Full Name)

- SSN

- Transferee (Full Name)

- Transferee SSN

- Transferee DOB

- Months of Entitlement Transferred (Up to 18 Months)

- Start Date

- End Date

Participant Briefing and Information

Transfer of MGIB Benefits to Spouse

Army Pilot Program

The Benefit

Transfer no more than 18 months of unused Montgomery GI Bill (MGIB) benefits to a spouse.  A spouse may use the benefit upon election.  See Question and Answer #27 below for a more detailed definition and quantification of benefits.

You must satisfy the following eligibility requirements and procedures:

- Enrolled in the MGIB upon initial entry to active duty and paid the $1,200 for MGIB enrollment.   (Not eligible are Vietnam Era-Rollover, VEAP conversion, and Involuntary Separation).

-  Completed at least 6 years of service in the Armed Forces at the time of reenlistment.

-  Reenlist for a period of at least 4 years and complete items 1 and 2 of DD Form 2366-2 with the servicing Army Retention Career Counselor.

-  Currently entitled to a Zone B or Zone C SRB under current messages.

Frequently Asked Questions

Q1.  How do I verify my enrollment in MGIB?

A1.  Your enrollment in MGIB can be verified by viewing your Official Military Personnel File (OMPF) online at the Army Knowledge Online (AKO) website at https://www.us.army.mil.  The DD Form 2366 should be found under the category “General Administrative” or in the initial enlistment contract.  If the DD Form 2366 is not found, Soldiers can visit their Army Education Center for assistance in determining MGIB eligibility only.  Retention Career Counselors will determine eligibility to transfer MGIB benefits to include enrollment.

Q2.  When must I decide to participate in the program?

A2.  A decision must be made at the time of reenlistment for those eligible to participate.   However, you don’t have to designate in writing at this time to whom or for how long you want to transfer benefits.

Q3.  Can I participate even though I’m not married?

A3.  Yes, once enrolled and you later marry, benefits can be given to your spouse.  You must enroll, however, at the time of reenlistment.  Soldiers should consider this option carefully.  If the soldier enrolls at the time of reenlistment and does not later marry, the reduction in their SRB, at the time of reenlistment, will not be refunded.

Q4.  Do I have to make a designation now?

A4.  A designation can be made at anytime by completing a new DD Form 2366-2

Q5.  What happens if I don’t complete the 4-year commitment?

A5.  In most cases the transferred benefit is lost.  You and your spouse will be liable to repay the Department of Veterans Affairs (DVA) all amounts received in benefit payments.  The benefit is not lost and no repayment is required if you die on active duty, or are separated for one of the following conditions:  a service-connected disability, condition that preexisted active duty, hardship, or, a physical or mental condition not characterized as a disability which interfered with the performance of duty and was not the result of the individual’s misconduct.

Q6.  What kinds of education benefits are available under this program?

A6.  Spouses with transferred benefits can receive the same kinds of benefits as you.  See https://www.gibill.va.gov for a list of the types of available benefits.

Q7.  Do I have to pay to transfer funds?

A7. No, you have the option to receive the full SRB or a slightly reduced SRB plus the ability to transfer over $18K in MGIB benefits.  Currently, for FY06, the multiplier will be reduced by a .5 multiplier.

Q8.  When does my spouse become eligible for benefits?

A8.  Eligibility is established when you have completed at least 6 years of service  and reenlist for at least 4 more years, and have completed the DD Form 2366-2 at the time of reenlistment.  Once these actions have been completed, your spouse can start using their transferred benefits.

Q9.  Can I change the amount of the benefit?

A9.  Yes.  You may make such changes by completing a new DD Form 2366-2 with your Retention Career Counselor.  Submitting a new DD Form 2366-2 will serve as notice to both the DVA and the service department that changes are being made.  Changes must be made in writing.  You can transfer up to a maximum of 18 months worth of benefits.

Q10.  How does my spouse claim the entitlements?

A10.  The spouse files a VA Form 22-1990, Application for VA Education Benefits.

Q11.  How long does my spouse have to use the benefit?

A11.  Generally, the transferred benefit can be used until 10 years after you receive an honorable discharge.

Q12.  What if I die while on active duty?

A12.  Any transferred benefit would end 10 years after your death.

Q13.  What happens to the benefit if my spouse and I divorce?

A13.  Your former spouse’s eligibility would terminate on the effective date of the divorce.  The Soldier “must” then submit another DD Form 2366-2 to terminate spouse’s eligibility and reclaim the benefit.

Q14.  Can Reserve or Guard Soldiers participate in the program?

A14. No.  The Law currently allows transferability, under certain criteria, to any Soldier eligible for MGIB-Active Duty (MGIB-AD) under Title 38, U.S. Code, Chapter 30, Section 3020.  The intent of the pilot program is to offer to AC enlisted Soldiers only while pursuing legislative changes to allow all Soldiers the ability to transfer benefits.

Q15.  Should potential participants contact HQDA, DVA or Army Education Center for information on the test program?

A15.  No.  Potential participants should direct questions regarding the program to their servicing Retention Career Counselors.

Q16.  Under purpose of the DD Form 2366-2, “the participant is responsible for providing the DVA with a copy of the form when applying for education benefits.”  Does this mean the spouse is required to send a copy of the DD Form 2366-2 when they send in the VA Form 22-1990 to apply for benefits?

A16.  Sending a copy of the DD Form 2366-2 along with the application tells the DVA that an individual transferred benefits and to whom they were transferred.  This helps the DVA expedite a claim.

Q17.  Won’t some participants have to make a couple of trips to the Retention Career Counselor after having, for example, verified spouse enrollment in DEERS?

A17.  Only those participants designating dependents at the time of reenlistment may need to make a second visit to the Career Counselor.  In most cases, however, the Career Counselor will be able to assist without additional visits.

Q18. What date will be used for the “Transfer Eligibility Start Date” and “Transfer Eligibility End Date,” blocks (4.f. and 4.g.) of the DD Form 2366-2?

A18.  DoD advises us the blocks do not need to be used as they are redundant to the information provided in Blocks 2.f. and 2.g.

Q19.  Who is doing the notification?  Are there individual notifications going out or will the Retention Career Counselors just generally publicize the test program?

A19.  There is no requirement for the Retention Career Counselors to personally contact each potential participant.  They are asked to publicize the program through base newspapers, daily bulletins, commander’s calls, flyers, and other general methods.

Q20.  How does a Soldier, who elected the program, make or change a designation, for example, two or three years from now?  Does the participant add to the election form?

A20.  The participant will complete a new form each time he or she adds or changes anything in Block 2 of the DD Form 2366-2.  The participant would not add to the original election form.  New forms will be completed and submitted to the servicing Retention Career Counselor.

Q21.  Can a designation be cancelled?  What happens to the designated benefit time?

A21.  The participant can add, reduce, or cancel all or part of the benefit he or she gives to a spouse.  All unused benefits revert to the participant.  For example, SSG Jones transfers 12 months to his spouse but she later receives a full scholarship.  SSG Jones completes a new DD Form 2366-2 deleting the designation and reclaims his benefit.

Q22.  If a designation is cancelled, can I renegotiate my reenlistment contract and receive the full SRB?

A22.  No.  The Reenlistment contract will not be renegotiated since you can change your designation for up to 10 years after you leave the service.

Q23.  How does the participant determine the dates to put in Blocks 2.f. and 2.g. of the DD Form 2366-2?

A23. The form gives instructions in a note just below the family member data blocks.  The start and end dates are set by the participant as long as they are within the program rules, e.g. a spouse’s benefit can’t begin before the participant serves six years of active service.

Q24.  The “*NOTE” includes a comment “By Law.”  What is its significance?

A24.  By writing “By Law” in either or both Blocks 2.f. and 2.g. the participant transfers the benefit for use anytime allowed by law

Q25. Please clarify the law as to when spouses can use the benefit?

A25. The law allows an eligible spouse to begin using the benefit anytime after the participant completes six years of service.  The benefit expires 10 years from the participants last day of active duty.  The ten year date will be adjusted if a participant dies on active duty or as a result of a service-connected disability (other DVA rules apply).

Q26. Do designees receive the active duty or veterans benefit amount if benefits are claimed while the participant is on active duty?

A26. The DVA will pay the veterans benefit rate regardless of the participant’s active duty status.

Q27.  What is the value of the benefit?

A27.  The FY06 basic monthly MGIB benefit for full-time training for veterans is $1,034 (indexed annually). Soldiers can transfer up to 18 of 36 months of entitlement equaling $18,612.  This benefit is prorated for part-time enrollment.  For Soldiers who elected the Army College Fund as an enlistment option and/or who have enrolled in/paid   toward the $600 MGIB Additional Opportunity, their expanded benefit (MGIB, ACF, MGIB Additional Opportunity) is transferred.  Soldier must ensure they provide the DVA with a copy of their proof of ACF and of the buy up.