Posted on May 1, 2019
Can my military spouse utilize my education benefits?
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My husband and I are both army reserve, due to injury, he is flagged for pt test therefore unable to apply for any of his education benefits, however, I am not flagged, so I should be able to access mine, would I be able to transfer mine to him just like a normal dependent? Would the benefits he get be different because he is military as well and not civilian?
Posted >1 y ago
Responses: 3
I am assuming you are referring to Post 9/11 GI Bill, right? I can answer your questions, but please tell me what education benefits or benefit you are referring to.
This is why I am asking you to specify:
"he is flagged for pt test therefore unable to apply for any of his education benefits"
This "flag" has nothing to do with applying for, being eligible for, or using Post 9/11 education benefits, or Mongomery GI Bill Active Duty, or Montgomery GI Selected Reserve for that matter. Well, maybe Selected Reserve, because you have to use that benefit while you are a reservist unless you were mobilized, the Reserve makes determination of eligibility for that education benefit, so different rules could apply. But, for the other two, a flag has no impact.
Time in an active duty status is what counts for educations benefits (Post 9/11 GI Bill and Montgomery GI Bill) as a Servicemember. If a Veteran, then active duty time and type of discharge, which must be Honorable, determines eligibility for education benefits.
Education benefits I just mentioned do have differences if being used as a Veteran (civilian) or if being used by a Servicemember. For example:
Active duty / Active Guard Reserve Servicemembers are NOT eligible for the Monthly Housing Allowance under the Post 9-11, same applies if you transferred the benefit to a spouse, they are not eligible for the monthly housing allowance as long as the spouse making the transfer is in an active status. That's one of the main differences in using education benefits as a Servicemember compared to using as a Veteran (civilian). Apart from that, the benefits are pretty much the same.
A traditional guard or reservist do receive monthly housing allowance when using Post 9/11.
But in this case, as you described you and your spouse are Servicemembers. Not sure why you would want or need to transfer education benefits to your spouse unless you have earned more months of education benefits than your spouse has and your spouse needs more months to complete a degree and you are not going to use.
For reservist, I believe you must have a six-year commitment and be able to serve that time from the date the transfer of Post 9/11 is requested/approved.
The Post 9/11 GI Bill is the only education benefit that can be transferred to a spouse or children of a Servicemember.
Please don't hesitate to ask more questions for clarification.
This is why I am asking you to specify:
"he is flagged for pt test therefore unable to apply for any of his education benefits"
This "flag" has nothing to do with applying for, being eligible for, or using Post 9/11 education benefits, or Mongomery GI Bill Active Duty, or Montgomery GI Selected Reserve for that matter. Well, maybe Selected Reserve, because you have to use that benefit while you are a reservist unless you were mobilized, the Reserve makes determination of eligibility for that education benefit, so different rules could apply. But, for the other two, a flag has no impact.
Time in an active duty status is what counts for educations benefits (Post 9/11 GI Bill and Montgomery GI Bill) as a Servicemember. If a Veteran, then active duty time and type of discharge, which must be Honorable, determines eligibility for education benefits.
Education benefits I just mentioned do have differences if being used as a Veteran (civilian) or if being used by a Servicemember. For example:
Active duty / Active Guard Reserve Servicemembers are NOT eligible for the Monthly Housing Allowance under the Post 9-11, same applies if you transferred the benefit to a spouse, they are not eligible for the monthly housing allowance as long as the spouse making the transfer is in an active status. That's one of the main differences in using education benefits as a Servicemember compared to using as a Veteran (civilian). Apart from that, the benefits are pretty much the same.
A traditional guard or reservist do receive monthly housing allowance when using Post 9/11.
But in this case, as you described you and your spouse are Servicemembers. Not sure why you would want or need to transfer education benefits to your spouse unless you have earned more months of education benefits than your spouse has and your spouse needs more months to complete a degree and you are not going to use.
For reservist, I believe you must have a six-year commitment and be able to serve that time from the date the transfer of Post 9/11 is requested/approved.
The Post 9/11 GI Bill is the only education benefit that can be transferred to a spouse or children of a Servicemember.
Please don't hesitate to ask more questions for clarification.
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SPC (Join to see)
I came in with a bachelor and personally can afford a master if he can’t use his benefits and I have to transfer mine, but I don’t think I can give GI Bill to him since I haven’t been in 6 Years nor do I have any AD besides IET, however I want to know whether his flag due to PT test actually prevent him from getting benefits, doesn’t make sense to me logically but that’s what his unit said
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1SG Eddie Smith
A unit flag does not impact a Servicemembers entitlement to use the post 9/11 gi bill, nor does a bar to reenlistment, article 15 or any other non-judicial punishment.
Type of discharge can indeed impact access to Post 9/11 GI Bill benefits because the type of discharge must be HONORABLE, but the type of discharge does not apply to Servicemembers, it only applies to those who have separated from military service and are then Veterans.
So, eligibility for Post 9/11 for Servicemembers is based on active duty service time.
Your spouse can apply for Post 9/11 right now and as long as he has at least 90 days of active duty time and in this case, IET will not count, but as long as 90 days, he can apply, receive the certificate of eligibility from VA and register for school and the unit wouldn't even know unless he just wanted to tell them.
If your spouse was ineligible for Post 9/11 GI Bill in any way when he applies the VA will send the certificate of eligibility (COE) and that COE will tell him exactly what he is currently eligible for or not eligible for.
Type of discharge can indeed impact access to Post 9/11 GI Bill benefits because the type of discharge must be HONORABLE, but the type of discharge does not apply to Servicemembers, it only applies to those who have separated from military service and are then Veterans.
So, eligibility for Post 9/11 for Servicemembers is based on active duty service time.
Your spouse can apply for Post 9/11 right now and as long as he has at least 90 days of active duty time and in this case, IET will not count, but as long as 90 days, he can apply, receive the certificate of eligibility from VA and register for school and the unit wouldn't even know unless he just wanted to tell them.
If your spouse was ineligible for Post 9/11 GI Bill in any way when he applies the VA will send the certificate of eligibility (COE) and that COE will tell him exactly what he is currently eligible for or not eligible for.
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1SG Eddie Smith
To be eligible for the Post-9/11 GI Bill, Service members or Veterans must meet the following requirements:
• The individual must have served honorably for at least 90 aggregate (total) days on active duty after Sept. 10, 2001, or have been honorably discharged from active duty for a service-connected disability and served 30 continuous days after Sept. 10, 2001.
• To receive 100 percent of the benefit, the individual must have served an aggregate of 36 months of active duty service or have been discharged for a service‐connected disability after 30 days of continuous service.
• For those who served fewer than 36 months, the percentage of benefit ranges from 40 to 90 percent:
o 90 percent — 30 total months*
o 80 percent — 24 total months*
o 70 percent — 18 total months**
o 60 percent — 12 total months**
o 50 percent — 6 total months**
o 40 percent— 5 total months**
*Including entry-level training and skill training
**Excluding entry-level training and skill training
• The individual must have served honorably for at least 90 aggregate (total) days on active duty after Sept. 10, 2001, or have been honorably discharged from active duty for a service-connected disability and served 30 continuous days after Sept. 10, 2001.
• To receive 100 percent of the benefit, the individual must have served an aggregate of 36 months of active duty service or have been discharged for a service‐connected disability after 30 days of continuous service.
• For those who served fewer than 36 months, the percentage of benefit ranges from 40 to 90 percent:
o 90 percent — 30 total months*
o 80 percent — 24 total months*
o 70 percent — 18 total months**
o 60 percent — 12 total months**
o 50 percent — 6 total months**
o 40 percent— 5 total months**
*Including entry-level training and skill training
**Excluding entry-level training and skill training
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Check with your state. Texas has the Hazelwood Act, but I’m not sure if other states have anything like it. My wife and kids each get 150 hours of free tuition college.
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1SG Eddie Smith
WOW! I did not know that the Hazelwood act applied to spouse and children. That's awesome!
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SGT Thomas Seward
1SG Eddie Smith Yes, there have been changes to the act. Some veterans families will find that they now each have 150 hours of tuition free college in Texas, rather than just the veterans personal benefit to use or share.
I’ll get the details and post them here.
I’ll get the details and post them here.
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SGT Thomas Seward
Here is the Texas Veterans Commission website that has the information concerning the Hazelwood Act.
https://www.tvc.texas.gov/education/hazlewood-act/#iduOAdus
https://www.tvc.texas.gov/education/hazlewood-act/#iduOAdus
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Post 9/11 GI Bill rules have recently changed and is the only one that can be transferred. If you have active duty time and qualify you must have at least 6 years of service and less than 16, and commit to an additional 4 years.
No other benefits are transferable. What state are you in, there might be state benefits.
No other benefits are transferable. What state are you in, there might be state benefits.
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1SG Eddie Smith
SPC (Join to see) - That's right, so, 8 months of active duty time, which does not include IET time, you are eligible at the 50% rate. So, this means that the Post 9/11 would pay 50% of your tuition and fees to the college, and pay 50% of the monthly housing allowance and 50% of the books and supply stipend to you for 36 months of educational training at a college or other VA Approved training program; and you can also use P-9/11 to pay for certification test, up to $2000.00 per test, but that will cost you one month of the benefit, IF the certification test cost that much.
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1SG Eddie Smith
SPC (Join to see) - Check out the GI Bill Comparison Tool, this is a great tool to help you determine your benefits and compare GI Bill Benefits.
https://www.va.gov/gi-bill-comparison-tool
https://www.va.gov/gi-bill-comparison-tool
Use our GI Bill Comparison Tool to help you decide which education program and school is best for you. Find out which benefits you’ll get at your chosen school.
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1SG Eddie Smith
IET months will not count until the Servicemember has —in this case—16 more months of active duty time, then the 8 months come into play for a total of 24 months AD time. Bottom line is the 24 month AD time, at that point, IET time counts. Any AD time less then 24-months does not include IET time.
24 months would equal the 80% rate for P-9/11 GI Bill.
36 months AD time(can be aggregate), medical separations and purple hearts (regardless of AD time) are eligible at the 100% rate.
That being said she now needs 90 days of AD time (aggregate) to meet minimum AD time eligibility requirement for the P-9/11 GI Bill and would be eligible at the 40% rate.
24 months would equal the 80% rate for P-9/11 GI Bill.
36 months AD time(can be aggregate), medical separations and purple hearts (regardless of AD time) are eligible at the 100% rate.
That being said she now needs 90 days of AD time (aggregate) to meet minimum AD time eligibility requirement for the P-9/11 GI Bill and would be eligible at the 40% rate.
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