a. Eligible Individuals. Any member of the Armed Forces on or after August 1st, 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 G.I. Bill, and
(2) 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
This exception only applies to those who have already transferred their entitlements (and by extension, those who agreed to another 4 years after serving 6 years). DTM 09-003 Attachment 2.3.a(1):Currently, only the Army offers a Transfer of Entitlement program. If the person making the transfer fails to complete the 4 years (or more) of active duty service agreed to for transferability purposes, VA will treat any benefits paid to dependents as an overpayment and will collect the amount of the overpayment from the service member. Exceptions to this rule apply if:
(1) The person making the transfer dies before completing the service.
(2) The person making the transfer is discharged from active duty under one of the following conditions:
NOTE: Early discharge for convenience of the government or reduction in force does not qualify as one of the exceptions. Such a discharge will cause an overpayment of all benefits paid to dependents and result in collection of the overpayment.
- Service-connected disability;
- Medical condition that preexisted service;
- Hardship; or
- 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.
For more information see HERE.
The regulation states that one must already have 6 years of service on the date of election (the day they transfer entitlements) AND the member must agree to serve 4 additional years from the date of election. Because the word "and" is used, both conditions must be satisfied in order to become eligible for transfer. The second condition requires the member to agree to 4 more years from the date of election/day of transfer (which has a prerequisite that the member has already served 6 years).a. Eligible Individuals. Any member of the Armed Forces on or after August 1st, 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 G.I. Bill, and
(1) Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve) on the date of election and agrees to serve 4 additional years in the Armed Forces from the date of election