Does Title 32 Active Duty Count Toward the New GI Bill?

13 Responses to “Does Title 32 Active Duty Count Toward the New GI Bill?”

1. J says:

   August 11, 2010 at 2:29 pm

   I’m not sure that this is correct. I just read the Chapter and it’s provisions and in Chapter 30, Subchapter I, section 3002, paragraph 7 (the definition of active duty)it states: “includes active duty National Guard duty first performed after June 30, 1985, by a member of the Army National Guard in the members status as a member of the National Guard of a state for the purpose of organizing, administering, recruiting, instructing, or training the National Guard”

   …so does that mean it would only include certain MOS’s (Army) or all AGR? As far as I know, that’s pretty much what the AGR staff do…take care of the National Guard. I wish this was more clear. Title 32 isn’t EXCLUDED in this document, so I’m going to contact the VA directly and find out. There’s a lot of AGR people who will be pretty surprised to find out their AGR time doesn’t count for this GI Bill. When I went AGR, I was told specifically that I would qualify for this, so now I want to know for sure before I sign up for classes.
2. Ron Kness says:

   August 13, 2010 at 8:23 am

   When you came into the AGR Force, you were told your time applied towards the GI Bill, and for the most part that is true. Some operations did not qualify, such as drug interdiction. But you have to remember, the GI Bill back then was the Montgomery GI Bill – Active Duty. The Post 9/11 wasn’t in existence then as it is only a year old and they never promised you would qualify for all future GI Bills.

   It is really easy to tell if you qualify for the Post 9/11 GI Bill or not – look at your Authority Code on your AGR Order. If it says Title 10, then your time counts. If it says anything else, your time doesn’t count.

   I found this in a new GI Bill Eligibility Determination Tool and it is pretty clear AGR service does not count toward the Post 9/11 GI Bill. It did count for the MGIB, but not for the Post 9/11 GI Bill. Different Bills, different eligibility rules:

   Title 32 Service.
   Much confusion lies with Title 32 service and how that applies to Ch 33 eligibility.
   In general, Title 32 service is military service conducted under the authority of the Governor of your state of residence or where you perform your duties as a member of the National Guard. Title 32 service includes full-time Active Guard and Reserve (AGR) service members of the National Guard. Therefore, while performing duties through a state mobilization effort or a member of the AGR (Guard), your service will NOT count toward eligibility for Ch 33.
   By law, Title 32 service is not considered as qualifying service for determining Ch 33 eligibility. Only Title 10 service qualifies for eligibility purposes of Ch 33. What that means to you. If you are mobilized under a federal call-up and deployed under Title 10 orders, that time will count for eligibility purposes.

   Example 1: You are a drilling national guard member and you are called up to assist with flood control in Fargo North Dakota. You are placed on Title 32 orders with the authority granted from your state to assist with flood control efforts for 3 weeks. This service can not counted in regards to Ch 33 eligibility.
   Example 2: You are a drilling national guard member and you are mobilized for a one year tour in Afghanistan. The orders authorizing your deployment are Title 10 orders. This service will count in regards to Ch 33 eligibility.
   Example 3: You are a full-time AGR guard member. You are not called up under any federally authorized contingency order. Your service as a full-time guard member does not count in regards to Ch 33 eligibility.
   Example 4: You are a full-time AGR guard member. You are mobilized for a one year tour in Afghanistan. The orders authorizing your deployment are Title 10 orders. This service will count in regards to Ch 33 eligibility.

   With this information, I think it is clear AGR Title 32 service will not count toward Post 9/11 GI Bill eligibility. Only Title 10.

   Ron
3. Monique Scott says:

   October 31, 2010 at 9:35 pm

   Ron,

   Thanks for the clarification above. However, I can not express to you how completely “left out” I feel. It’s almost like a slap in the face! To me, the government might as well say that even though I served as an “active duty” member, I really wasn’t active duty.

   I got really excited when I heard about the new GI Bill, but that’s all down the toilet now. As a youngster, I squandered my opportunity to go to college and now that I’m older and can appreciate an education, I thought this would have been my opportunity to return and get my degree. NOT!!!

   Thanks Uncle Sam for nothing!!!!!!!!!!!!!!!!
4. Tom says:

   December 8, 2010 at 8:13 am

   This is insane that AGR’s do NOT receive any post 911 benefits, because I am a full time AGR technician and can be called up at any given time to go to Afganistan or anywhere in the world to fight a war. This will put me into Tiltle 10 status which then will make me eligible for the new GI Bill, but why can’t I be eligible if I do not deploy just because I am under Title 32. You have to remember that I can still be called up to go fight a war at any given time regardless if I’m Title 32. So why can’t AGR’s receive the same benefits that the traditional guardsmen and Active Duty Title 10 receive? Some of our traditionals have NEVER deployed and they still receive this benefit. I am strictly looking to transfer my benefits to my daughter when she goes to college in two years. Monique and J it seems to me that you two can receive these benefits under the old GI Bill, if you are using them for yourselves.
5. Dennis says:

   December 9, 2010 at 9:03 pm

   More to the point Tom, you would have to do 36 months in a title 10 service to receive 100% of post 9/11 GI bill benes.

   So in basic statement, a young kid can go in and serve less than the minimum contract, gen 48 months, get out early, never have crossed the pond (DAC-42 or ALC-C) condition which should have been caught by MEPS. Resign, get an honorable DC. And have all the benes affiliated.

   But those of us whom (in my case) served 6 years in T 32 AGR service plus 4 as a military technician (GS) are told to tough stuff. And due to the wizardy that is the DVA and their fantastic web staff they fail to differentiate this in ANY of their publications via web or hard copy. Thus I became $2000 in debt to an institution that I cannot afford.

   I’ll say this though. Search for Senate bill S. 3447. Sponsored by Senator Akaka of Hawaii. It’s trying to recitfy this injustice. We can complain about it all we want to, I’ve written my representatives in the Senate and in Congress, but unless we press the issue with them, it will remain unresolved.

   God Bless!
6. Brad says:

   January 4, 2011 at 5:57 pm

   I call the confusion associated with granting Post 9/11 GI Bill benefits to title 10 activity duty and not title 32 active duty this era’s Catch 22. The expression not only reflects the difference between the two title numbers (32-10=22) but it also shows lunacy that bureaucracy has an effect on democracy. All active duty service member’s deserve this benefit. We all are making sacrifices and we all want the opportunity to transfer this benefit to our family members that share in our sacrifices. The government needs to be more transparent and equitable.
7. daniel says:

   January 11, 2011 at 3:21 pm

   i am currently AGR and i did get mobilized under title 10. am i elgible for the housing stipend?
8. Ron Kness says:

   January 27, 2011 at 8:43 am

   If you are currently on Title 10, then no as you are most likely already drawing BAH. If you had enough time under Title 10 for Post 9/11 GI bill eligibility, then most likely you are eligible to receive the housing allowance once you start school.

   Ron
9. Greg says:

   February 2, 2011 at 1:58 am

   I am AGR and now mobilized, below is what NGB put out. It does appear things have changed to the benifit of the AGR Force. Dtd 20110112

   From: Serafin, Jeremy M MAJ MIL NG NGB ARNG
   Sent: Friday, January 07, 2011 9:32 AM
   To: NGGB ARNG-HRZ ARNG GI Bill managers (54); NGGB ARNG-HRZ ARNG GI Bill managers
   Subject: Post 9/11 Veterans Educational Assistance Improvements Act of 2010

   State GI Bill Managers:
   On Wednesday, January 4, President Obama signed the “Veterans Educational Assistance Improvements Act of 2010” into law. This is the previous Post 9/11 GI Bill updated to include Title 32 Soldiers as well as other changes. Following is a summary of some of the changes and after that, some of the challenges we perceive in this new law:

   1. CHANGES:
   a.Allows Title 32 AGR Soldiers to qualify for the Post 9/11 GI Bill educational benefits (including transferability) where previously it was limited to only certain Title 10 active duty service.
   b.Limits tuition and fees to net out-of-pocket expenses minus any other funding whether it is Federal, State, Institutional or employer based. This applies to all recipients to the Post 9/11 benefit to include those currently on active duty. Previously only Federal funds were subtracted prior to payment of Post 9/11. This will mean FTA will pay first member is using it.
   c.Private and Foreign schools Tuition and Fee are standardized to $17,500 per academic year. This will remove max in-state tuition guidelines for private and foreign schooling. Yellow ribbon is still in effect for cost above the cap.
   d.Prorates monthly housing stipend based on rate of pursuit. Previously individuals received full housing allowance even if rate of pursuit was less than full time.
   e.Solely Distance Learners will receive a monthly housing allowance equal to 50% of the national average prorated based on the rate of pursuit.
   f.Provides an annual books and supplies stipend of up to $1,000 for those on active duty.
   g.Limits amount payable to active duty members based on eligibility percentage. (Previously would received 100% at a minimum of 90 days)
   h.Program now allows Post 9/11 assistance to non-degree granting programs to include OJT, apprenticeship programs, correspondence courses, and flight training. Initially, Post 9/11 benefits were only available for training pursued at degree-granting institutions of higher learning.
   i.Allows individuals to receive reimbursement for more than one license and certification test.
   j.Chapter 30/1606 kickers will be paid monthly based on rate of pursuit regardless of eligibility to receive the monthly housing allowance. Previously kickers were paid as a single lump sum at the start of the term.
   k.Prohibits concurrent use of multiple benefits to include: Payments of the Fry scholarship and transferred benefits or transferred entitlements from multiple sponsors.
   l.Requires election between the Fry scholarship and the dependency and indemnity compensation.
   m.Requires election between the Fry scholarship and Chapter 35 benefits.
   n.Prohibits an individual from establishing eligibility under two or more programs using a single period of active duty service.
   o.Discharge or release from active duty with characterization of honorable service is now specified.

   2. CHALLENGES:

   a.With the inclusion of Title 32 service, multiple issues with the type of Title 32 service may arise. Law states “Title 32 AGR service for organizing, administering, recruiting, instructing, or training members of the National Guard” and National Guard call-ups under section 502(f) of title 32. However there is other service under Title 32 that is left out to include Title 32 ADOS and other Title 32 AGR service.

   b.With the inclusion of Title 32 service, multiple transferability issues may arise. For those who have left prior to this bill being signed, they are denied the transferability option. Also there are issues with retired service members who retired after 4 Jan 2011 to 30 Sept 2011. As well as those service members whose dependents will turn 23 between 4 Jan 2011 to 30 Sept 2011.

   c.The ARNG will likely face processing as well as counseling issues now that all other funding must be subtracted prior to the application of Post 9/11 funding. This will primarily impact Federal Tuition Assistance and State Tuition Assistance programs.

   d.DOD will need to coordinate closely with DVA in determining who will be responsible for tracking elections for those Soldiers who must choose which benefit they wish to receive for each single period of active duty service. It is imperative that whichever agency assumes this responsibility develops an effective method of sharing Soldier election data, possibly through already established data sharing tools such as DMDC.

   We are working to have a joint meeting with VA, DoD, DMDC and the Air Guard next week to coordinate our response and resolve some of these challenges. Please understand that what DoD and the VA interpret the laws to state are not always the same. This program is funded and administered by the Department of Veterans Affairs and as such they have the final ruling on any matters. Until we can accomplish this meeting, there is really nothing you can do until we can publish some guidance and procedures – except to recommend that anyone who may now qualify, if transferability of the benefit is something they are considering, that they not leave the service yet. That aspect of the law has not changed. You cannot transfer benefit after you have left.

   Be assured that we are working this in a very timely manner. We will communicate more as we have more to communicate.

   MAJ Jeremy M. Serafin, National Guard Bureau, Army National Guard
   National Level GI Bill Program Manager, ARNG-GSE-E Education, Incentives, & Employment Division
   111 South George Mason Drive
   Arlington, VA 22204
   Useful websites:
   http://www.gibill.va.gov (VA Website)
   https://www.dmdc.osd.mil/TEB (DoD Transferability website) https://minuteman.ngb.army.mil/benefits (ARNG SOU) http://vabenefits.vba.va.gov/vonapp/main.asp (VA Application)
10. Ron Kness says:

    February 9, 2011 at 4:47 am

    Thank you Sir. Your information has been very valuable to many.Ron
11. J Bright says:

    February 18, 2011 at 6:03 pm

    I am currently a regular m-day soldier, with almost 5 years…Active since 9-11, 13 mos Noble Eagle, 15 mos OIF, and 34 months Title32, training guard soldiers in CA.

    I currently pull my regular GI Bill Active duty-but I would like to use the 9/11, if they are allowing the title 32 time to account for eligibility.

    If so, WHEN will this go in to action?

    Thanks…,much appreciated!
12. Ron Kness says:

    March 14, 2011 at 5:56 pm

    Right now Title 32 time does not count for Post 9/11 GI Bill eligibility, however that changes with the passage of the GI Bill 2.0. Title 32 time going back to August 1, 2009 will count toward Post 9/11 GI Bill eligibility, however, you can’t start using Post 9/11 GI Bill benefits acquired from that Title 32 time until October 1st.
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    October 7, 2011 at 3:47 pm

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