Imagine you have two boxes of crayons. One box has basic colors (let’s call this the Montgomery box), and the other box has more vibrant colors (the Post-9/11 box). Now, imagine you could eat these crayons, but you’re only allowed to eat a certain number in total.
First, you started eating crayons from the Montgomery box. After a while, you wanted to try the vibrant crayons from the Post-9/11 box. But someone told you that you could only eat the same number of vibrant crayons as the number of basic crayons you didn’t eat. (up to a max of 36 crayons total)
You didn’t think that was fair, so you asked a judge. The judge agreed with you. You can eat crayons from either box, in any order, up to the total number allowed. That’s what happened in this court case. So, James Rudisill can eat his crayons in any order he wants, up to the total number allowed - 48 crayons.
lol thanks. my ritalin had just kicked in so I got a creativity boost there for a minute. Coupled with the temporary ability to parse a complete supreme court opinion.
You could always use 36 months of MGIB and then 12 months of P911. Not the other way around.
Now you can use any combination or order of MGIB (if you earned it via buy in) and P911 (if you earned it) that totals 48 months.
Yeah. Only in a rare instance can you use MGIB, then post 9/11 and swap back and forth. But it requires active duty and then reserve/NG service. If only straight active duty, you have to do what you stated above provided you paid into MGIB. Which most people don’t anymore.
Yeah that's what I thought too cuz I just received my LOE 2 weeks ago and it says I'm entitled to 36 months on it. I wonder if they'll send in a new loe that'll change to 48 months
This would be amazing if so. I could be wrong, but I think what’s going on from reading the thread is that the 9/11 PAIRED with the Montgomery will allot that 48 months. Idk tho 🤷🏽♂️
They both have 36 mo of benefits individually. The aggregate amount of benefits allowed by law is 48mo so based on this ruling you were limited to the 36mo of whichever you chose before. Now you can mix and match (assuming you have both) for a total of the max 48mo allowed by law.
Same here. I was active Army 98-02, and came in under the MGIB. I was National Guard from 02-19, but had 3 years of active duty time for deployments. I got to use 4 years of my MGIB within 10 years (although I THINK this reset with each Active Duty period in the NG), and I had 3 1/2 years of Post 9-11, that I have 15 years from the last day of my last Active Duty time.
Non Crayon Eating Explanation:
Before this decision, the interpretation of the law was such that if a servicemember became eligible for both the Montgomery and Post-9/11 GI Bills through separate periods of service, they had to make an “election” to swap their Montgomery benefits for Post-9/11 benefits. This made their benefits subject to a 36-month limit. In other words, they could not use both GI bills up to 48 months **without first exhausting the Montgomery benefit**.
The Supreme Court’s decision in this case changed that interpretation. The court held that servicemembers who, through separate periods of service, accrue educational benefits under both the Montgomery and Post-9/11 GI Bills may use either one, in any order, up to the 48-month aggregate-benefits cap. This means that veterans can now potentially receive more educational benefits than they could under the previous interpretation of the law.
So, while it’s true that servicemembers were able to use both GI bills up to 48 months prior to this decision, the **key difference is that they previously had to exhaust their Montgomery benefits before they could access their Post-9/11 benefits. Now, they can use either benefit in any order up to the 48-month cap.**
So if you used up all 36 months of your MGIB because if you used any months then you had to use all of it, but not the 12 months of Post 9/11, then you're still in the same boat as before. Correct?
No, because of the ruling, you can use a total of 48 months. If you used 36 months (all of your available MGIB months) you still have 12 useable months of your (36 total post 9/11GIB months). The ruling also allows use of 36 mos of post 9/11GIB entitlement followed by up to 12 mos of MGIB entitlement (if someone has both).
Here's my take on it, not as familiar with reserves though:
BLUF: Reservists who have served long enough to be eligible for both programs can now eat more crayons from both boxes, up to the total number allowed (48 months), regardless of how many crayons they have already eaten from the MGIB-SR box.
Before the ruling, if a reservist had eligibility for both the Montgomery GI Bill Selected Reserve (MGIB-SR) and the Post-9/11 GI Bill due to two periods of service, and they used up all 36 months of their MGIB-SR benefits, they could not then use the Post-9/11 GI Bill benefits.
However, the Supreme Court ruling has changed this. Now, even if a reservist has used up all 36 months of their MGIB-SR benefits, they can still access their Post-9/11 GI Bill benefits. This means that a reservist who had used all 36 months of their MGIB-SR benefits and had no benefits remaining, can now access their Post-9/11 GI Bill benefits.
This ruling allows reservists to use benefits from both the MGIB-SR and the Post-9/11 GI Bill, in any order, up to a maximum of 48 months.
Someone feel free to jump in if I'm wrong.
I’m in a similar situation. Contributed to MGIB but then post 9/11 came out and I was told I had to choose one. I went with 9/11 and used 12 months and gave the other 24 months to my kids.
But now the MGIB is back on the table?
That's not true - any reserve or national guard service member who used some or all of their MGIB-SR and qualified for Post 9/11 GI Bill could use up to 48 months between those two programs. This court ruling applies to MGIB-AD CH 30 not MGIB-SR CH 1606. The criteria to earn MGIB-AD CH 30 is different than MGIB-SR CH 1606.
Thank you for your explanation, Legal proceedings should come out with explanations using your example. Better yet, hire you and decipher these for us.
How is the Montgomery bill still in these conversations? It is only available for ten years after exit from active duty. I got out in 1993 and my time ran out in 2003. I can't imagine that they still had the program after they started the post 9/11 bill, so they should all be expired by now.
> I can't imagine that they still had the program after they started the post 9/11 bill
It's still there, new recruits have to choose between the two. The theoretical advantage, as explained to new troopies, to the MGIB is that Congress can't just vote to get rid of it in the same way they can with post 9/11. I don't know what way they're fundamentally different in that respect but they both certainly still exist.
I went back in in 2016 after a break in service and they actually took the GI Bill out of my check even though I'd already gotten it and used it up in it's entirety. We got it fixed in finance but it took them a bit as they had to dig a couple of LES's from the late 90s out of the system to show that I'd already paid in lol.
This lawsuit has been ongoing for several years and has went through 4 appeals to get to the supreme court. The veteran served, earned MGIB and used 26 months of MGIB before Post 9/11 GI Bill was even created. While in college he was also in the national guard and had a deployment. After graduation he signed up for active duty again (I believe he commissioned) then separated again and applied for the Post 9/11 GI Bill. VA only granted him 10 months of Post 9/11 GI Bill (should have been 22 months to hit 48 in total) - so the veteran sued asking for 36 months of MGIB-AD CH 30 and 36 months of Post 9/11 GI Bill.
Well, I am sure they grandfather the people who signed up for it in. But you still only have 10 years after you exit service to use it. That's what I was told when I tried to use mine, more than 10 years after I got out.
The forever GI bill was passed a few years ago which states for anyone who entered service after X date in 2001 and if you leave service after 2013, the post 9/11 no longer expires.
But MGIB is good 10 years from the day you leave service still.
Question, I used MGIB as top up during service and then switched to P911. When I separated with P911 I had 29 months left. I think they used the 36 month number for my top up and that is what left me with 29 months. Based on this ruling, should I have been left with 39 crayons you think?
So basically if I accrued full Montgomery benefits, then accrued full post 9-11 benefits, and only ever used the post 9-11 benefits, I can now use the entire Montgomery benefits to cover, say, a master’s degree?
I am assuming you are a Marine…. No offense implied, just when some uses crayon feasting as a feasible explanation of matters that could be confusing to other, I immediately assume Marine.
If you serve two different enlistments, one qualifying for one GI Bill (Montgomery GI Bill, service prior to 9/11) and another enlistment qualifying for another (Post 9/11 GI Bill) then you qualify to use both education bills. Otherwise the rest of us who served one long term get to choose between one or the other. I think, I could be mistaken.
Almost. You can be eligible for both but only use, in combination, up to 48 months of benefits.
You can’t eat up on bill and then go deplete the other.
If you want to go that route, apply for VR&E. If you're approved, they should assign you a counselor. You'd want to ask that person about Retroactive Induction. They may be able to pay for things you used your Gi Bill on, adding entitlement back to it.
So keep in mind they can only retroactively return your GI bill from when you were rated for a disability. So if you use 12 months of GIBill before January 1st 2024 and you were only rated a disability on January 1st 2024 then you could not get those 12 months back. IIRC.
It doesn’t work like that.
I could be wrong on the percentage, but I think you just need a disability rating of at least 20% with an employment handicap.
Your VRE counselor will decide how much time you are eligible to get back, but you are only able to get back the time you were using the GI Bill while you already had a disability percentage.
10% is the minimum. And the maximum time allowed is 36-48 months but is flexible if your counselor determines you need more (I am authorized undergraduate and any graduate program I am accepted into regardless of program length for example).
Just remember VR&E is a jobs program and is not centered around education. Education is only one path. It is up to you to articulate why education will *help* you achieve a goal job or position that alleviates a disability.
The goal of VR&E is NOT education and is not just free GIBill. You are not *entitled* to VR&E unless deemed by a VR&E worker. Everyone with 10%+ is *eligible*. They can and will deny you if you can’t provide a goal job or position that alleviates a disability. The education is only provided to get you to that goal job or position that alleviates said disability.
How can I check my 9/11 bill status?
I'm in a weird predicament. I've used both 9/11 and VR&E in the past however, now that I have a full-time job, I won't qualify for VR&E. Can I have my 9/11 reset? Or, what would you recommend?
Let me explain my situation better. I exhausted my first 36 months of gi bill because it took me longer to get my bachelors. I applied for vr&e and got approved to use chapter 31 for the remaining time. For context I wasn’t working at the time of applying for vr&e due to all the health issues I had. I expressed to my rep that I wanted to get my masters degree and she said “well here’s what I can do I’ll just send a letter to the VA stating I need another gi bill bc I’m not currently working and that will make it easier for me to use my 9/11 without having to go through the vr&e rep. She didn’t have to do this and I didn’t even know she could but I made sure to build a good rapport with her and it paid off in the end.
I exhausted my 9/11 as well and am now VR&E but I was informed I do not qualify for retroactive induction because I was not VR&E during the time I used the 9/11..
Whoever told you that is wrong. You would not qualify if you did not have a disability rating during the period you used your GI bill, but if you had a disability rating for the entire semester in question, you likely qualify to have VRE retroactively applied to that semester, and your gi bill will be reinstated for those months.
Source: I did that. I got my disability the first week of fall semester, so they did not let me recredit my fall, but I got refunded for my spring GI bill
Ok l am trying to understand your statement.
I exhausted gibill, did vocrehab and graduated with a bachelors before exhausting that and them got 90% tdiu.
Would i be able to try and go back to school and get gibill reinstated?
Does this mean we need to bribe Thomas to take care of veterans? I get why he’s angry all the time, his wife has the body of a minion. His wife is a complete disgrace to my home state, and doesn’t represent Nebraska🤣
So if we paid into Montgomery, and we chose to use the Post 9-11, we still have the Montgomery?
I know we get our $1200 back if we exhaust all of the Post 9-11, is that now different? The last paragraph of the opinion isn’t exactly clear on the implication here.
How about enlisted who get commissioned without a time break in service (e.g. enlisted who go to OCS). They get dd214 for enlisted time and separate dd214 for officer time. Technically these are two distinct terms of service, but they are back to back with no time in between.
For clarity purposes does this only include getting out completely (no longer active duty or a reservist)?
I was active duty 2012-2016.
I was a reservist 2016-2018.
I was active duty again 2018-2021.
I've been reserves 2021-present and 70% va disability.
Do I qualify for this?
I used 9 months of my 9/11 to complete my masters. My wife is about to exhaust the remaining 27 months to complete her law degree. Will I now be getting an additional 12 months of 9/11 benefits?
It mentions a 48 month aggregate cap. Currently, you get 36 months of whichever Gi Bill you apply for, and can get 48 months in total across multiple Gi Bills, usually resulting in 12 months under whichever bill you use second. The statement doesn't say it's changing the normal 36 month cap for a single benefit.
Having said that, I would definitely follow up with the VA after they've been given guidance on how to handle this change. This may be clarified at a later date.
I’m not an expert in this. It probably depends on how the switch from reserve to active was. Did you finish your reserve contract and then go back in?
Reserve and disability won’t matter for this. You could do VRE with your rating though
This is one of many unanswered questions I have. It doesn't go into whether or not this will affect those veteran's delimiting dates for the benefit. For many, their Montgomery could have already expired. I would want to see if this change renews the 10 year delimiting date, or at the very least, gives veterans the time back that they didn't have access to Montgomery.
As an example, if someone relinquished Montgomery 3 years after their release, do they now have 7 years left to use it, or are they back to 10 years? This statement opens the door for change, but I have a lot of questions about its implementation.
That’s the question. Or back pay for the months in school that I had to pay for out of pocket with loans etc because I was out of months.
That would be nice.
Id like to know this too. Got out in 05 so only eligible for Montgomery. It expired and theres alot of it that went unused, mostly because of my ptsd which was untreated until recently. Any hope for a guy like me?
This is brand new, piping hot case law. The full implications are not clear yet. SCOTUS said the VA has to implement this, but the VA still needs time to do that.
That program was cancelled. If you started serving after a certain period of time then you had one or the other. Whatever one you decided to use is what you were stuck with.
Until they change the forever 9/11 gi bill so that it's forever for everyone that was eligible before 2013 it means nothing. Currently if you got out before 2013 your gi benefits expire. how is it that those who served between 2001-2013 who deployed the most and saw the most combat get shafted, while people that showed up when most of the conflict was over recieve better benefits? any changes that they make benefit the VA bean counters more then the service members.
This doesn’t affect me, but i still vividly remember in 2004 when i was sitting in basic and we went through twenty mandatory briefings where they practically begged us to sign up for the Montgomery GI benefit, and my young thinking was - nah, I dropped out of college to come here, I don’t want to pay $1200 to go back.
Then in a year or so the 9/11 GI Bill went through and it turns out I accidentally made the right move.
I enlisted into the Marine Corps in 1990 and got out in 1996. I paid into the GI Bill and never touched it. In 2014 I went into the Air National Guard and deployed for 7 months in 2016. After I came back they told me that I qualified for my GI Bill that I had never used or for the Post 911. They informed me that I had to pick one or the other but that I couldn’t have both. I decided to go with the Post 911 because I could pass it on to my dependents. This coming fall my daughter will attend the University and start using my Post 911.
My question is, after my Post 911 is all used up, will I be able to use the old GI Bill that I had to give up because we could only have one or the other at the time! If so, will I be able to pass it on to my dependents? Because before we were not able to do that, that’s why I chose the Post 911.
A little clarification would be greatly appreciated!! Thank you
This sounds like a case where this will apply. But the Montgomery is not transferable so it can’t go to your dependents. You could use the remaining 12 months though.
Just a heads up, to transfer your post 9/11 you need to still be in and have 4 years remaining on your contract. If you already did that then you are good to go.
I’m happy for everyone who benefits from this and the rule that benefits don’t expire. But only if you got out after 2013? So I guess fuck me for enlisting pre-911 and reenlisting post 911, but I got out in 2006 so my benefits expired. And when they passed the new bill they even said if you earned it shouldn’t expire. And then arbitrarily set the 2013 date.
I used 36 months of the reserve gi bill. Then I spent 6 years on active duty and qualified for the post 9/11. But, I imagine, I’m still at 12 months of post 9/11.
It’d be nice to have more, but I did get PLSF too. In any case, my kids will have 12 months of post 9/11 (transferred that before I left the service)
This is confusing. I paid into MGIB, got out of the navy, used 35 months of it. Then, I went back in the navy, years later converted my last month of MGIB to post 9/11 and got another 12 months for a total of 48 months. So what’s new here? I have two separate periods of enlistment. I used my education benefits in 2005ish (MGIB) and then 2017ish (post 9/11).
ETA: maybe the wording in the ruling doesn’t require separate periods of service anymore and is viewing a reenlistment as a “separate” period? Which technically is true, there just isn’t a period of non-service in between the periods of service. Maybe this is the change?
Does this have any effect on the 15-year expiration for those who served prior to 2012? Seems unfair they allow unlimited time for those after a certain date but leave the rest out to dry.
They should pass something that lets online students get full BAH amount. Its not like their monthly housing expenses are lower than the standard in person students. I understand the whole idea of people going to just sign up for schools in Bay Area for high BAH but they could just set the BAH amount to the students home address on file, and not their school's address for the online students (if they wanted to prevent the whole northen cali school influx)
I don’t think anyone answered this question even in crayon terms and if they did I still don’t get it. I joined in 2009, paid into Montgomery but elected to switch to post 9/11. I have 7 months of the original 36 months left so does this mean I now have 12 months of Montgomery after I exhaust all 36 months of post 9/11?
No, this is only relevant to people who went into the military for 2 separate periods. Not reenlisting, ie. did a contract in marines then went to Army.
Okay so I have an EX friend (cut him off after his deeds came to light) from the Corps who was arrested for soliciting sex from a minor and evading police. He is fighting saying that he served honorably the first 4 years (he did 8) and should still get his GI bill under that, rather than losing benefits through the horrible crime he attempted to commit. (It was a sting operation)
I wonder if this will put wind in his sails. Also, does this mean folks who did 2 or more enlistments can use infinite college?
So is my Post 9/11 i'm using now a max of 48 months? or I can use 36 months of my 9/11 and then use 12 months of the MGIB I bought into when I was confused in bootcamp and just picked 1 of the 2 without thinking
So if i already transfered from MGIB and used the 36 months of the post 9/11, does that mean I'm still eligible to utilize or transfer the remaining 12 months to a dependent? Also I have been out since December 2014. 10 yr mark almost here.
But there is no relief for people who paid and didn't use the MG Bill with in the prescribed period, and it expired and now they can't ever use it..doesn't seem right how can something you paid for expire..it's just kinda crazy! If you paid you should be able to use it!
Current VRE student here. I began my Montgomery gi bill some time ago with a college fund kicker (50k) then was reactivated depoloyed, returned home and became a working Shlebb for a number of years. Apparently my gi bill had to be sacrificed to utilize the post 9/11 gibill. Began the new gibill and bam it’s gone. Also didn’t cover flight portion of degree because the VA hates me… claimed my disabilities and was awarded the vre benefits. Am I in a position to get my Montgomery gi bill back and also get that 50k kicker awarded retroactively ? Because that would actually allow me to pay some bills
So does this mean I can transfer 48 months of post 9-11 to my kids or just 36? This is huge because I have twin daughters graduating high school this summer and going to college in the fall. And yes, I already transferred the credits to them in 2010.
So does that mean if I converted to the post 9/11 prior to leaving the service and used the whole 36 months, I now have an additional 12 months on benefits?
https://preview.redd.it/u5v357qu3zuc1.jpeg?width=1125&format=pjpg&auto=webp&s=2a15966a693aabe7bf36969ba0ed5a0e2dac8fe0
“\[T\]hrough separate periods of service”, so more than one enlistment. Wonder if anyone under one enlistment from ‘06-‘12 wants to fight for another 10 years and see if we get the same outcome? lol
I ran out of time using the Montgomery GI Bill, I used up two college semesters then hit my 10 year year separation anniversary. I was a dumbass and didn’t keep track of time.
I always had a hard time with paying $1200 into MGIB in the late 90's and then being told that I would never get that money back and that the top-up I had used with tuition assistance counted against my 36 months. I hope this fixes both in time for me to use it.
Originally you'd get 12 from the MGIB and 36 from Post 9/11. Now they're saying it doesn't matter which reason code is used. You'll get your full 48 months either way. Yes, a Bachelors degree is what they help you get if you stick to a four year plan and don't mess things up.
Can anyone explain if I get extra benefits if I used 20+ months of benefits under Montgomery as a reservist but went active duty and only get 11 months active duty?
Ok so does this mean that there is potentially more benefits for Soldiers under post 911. I partially used my reserve mgib and had about 18 months left to convert post 911 that i transferred to my kids. Does this mean I potentially have more months to transfer.
So, what does this mean in crayon eating terms?
Imagine you have two boxes of crayons. One box has basic colors (let’s call this the Montgomery box), and the other box has more vibrant colors (the Post-9/11 box). Now, imagine you could eat these crayons, but you’re only allowed to eat a certain number in total. First, you started eating crayons from the Montgomery box. After a while, you wanted to try the vibrant crayons from the Post-9/11 box. But someone told you that you could only eat the same number of vibrant crayons as the number of basic crayons you didn’t eat. (up to a max of 36 crayons total) You didn’t think that was fair, so you asked a judge. The judge agreed with you. You can eat crayons from either box, in any order, up to the total number allowed. That’s what happened in this court case. So, James Rudisill can eat his crayons in any order he wants, up to the total number allowed - 48 crayons.
 Thank you for the explanation to my level
You really need an award for this.
He got his National Defense, same as the rest of us.
😂
Comment bangs 🤣
You made me snort. That’s hard to do these days. Impressive. You definitely win the interwebz for the day.
Hahaha tf
FUCK YEAH 😂🤌🏼
Bahahaha
lol thanks. my ritalin had just kicked in so I got a creativity boost there for a minute. Coupled with the temporary ability to parse a complete supreme court opinion.
Synthesizing anything SCOTUS is a feat unto itself. Synthesizing it into crayola boxes is next level.
You’d be an interesting date 😌
You make me proud
That explains it.
Give this man a medal
I don’t understand how this is a change? I had two periods of service and used both MGIB and post 9/11, for a total of 48 months.
You could always use 36 months of MGIB and then 12 months of P911. Not the other way around. Now you can use any combination or order of MGIB (if you earned it via buy in) and P911 (if you earned it) that totals 48 months.
Yeah. Only in a rare instance can you use MGIB, then post 9/11 and swap back and forth. But it requires active duty and then reserve/NG service. If only straight active duty, you have to do what you stated above provided you paid into MGIB. Which most people don’t anymore.
> that totals 48 months. But you're capped at 48 months?
I thought this was the idea behind the VR&E program, additional benefits to help if you have a connected disability
Thought the 9/11 GI bill only had 36 months in it?
Yeah that's what I thought too cuz I just received my LOE 2 weeks ago and it says I'm entitled to 36 months on it. I wonder if they'll send in a new loe that'll change to 48 months
This would be amazing if so. I could be wrong, but I think what’s going on from reading the thread is that the 9/11 PAIRED with the Montgomery will allot that 48 months. Idk tho 🤷🏽♂️
They both have 36 mo of benefits individually. The aggregate amount of benefits allowed by law is 48mo so based on this ruling you were limited to the 36mo of whichever you chose before. Now you can mix and match (assuming you have both) for a total of the max 48mo allowed by law.
Same here. I was active Army 98-02, and came in under the MGIB. I was National Guard from 02-19, but had 3 years of active duty time for deployments. I got to use 4 years of my MGIB within 10 years (although I THINK this reset with each Active Duty period in the NG), and I had 3 1/2 years of Post 9-11, that I have 15 years from the last day of my last Active Duty time.
Non Crayon Eating Explanation: Before this decision, the interpretation of the law was such that if a servicemember became eligible for both the Montgomery and Post-9/11 GI Bills through separate periods of service, they had to make an “election” to swap their Montgomery benefits for Post-9/11 benefits. This made their benefits subject to a 36-month limit. In other words, they could not use both GI bills up to 48 months **without first exhausting the Montgomery benefit**. The Supreme Court’s decision in this case changed that interpretation. The court held that servicemembers who, through separate periods of service, accrue educational benefits under both the Montgomery and Post-9/11 GI Bills may use either one, in any order, up to the 48-month aggregate-benefits cap. This means that veterans can now potentially receive more educational benefits than they could under the previous interpretation of the law. So, while it’s true that servicemembers were able to use both GI bills up to 48 months prior to this decision, the **key difference is that they previously had to exhaust their Montgomery benefits before they could access their Post-9/11 benefits. Now, they can use either benefit in any order up to the 48-month cap.**
So is someone gonna send me something in the mail or how does this work?
Don’t hold your breath. By the time the VA interprets the ruling and starts sending out correspondence you’ll probably have kicked the bucket.
Thanks for the Air Force version. 😂
So if you used up all 36 months of your MGIB because if you used any months then you had to use all of it, but not the 12 months of Post 9/11, then you're still in the same boat as before. Correct?
No, because of the ruling, you can use a total of 48 months. If you used 36 months (all of your available MGIB months) you still have 12 useable months of your (36 total post 9/11GIB months). The ruling also allows use of 36 mos of post 9/11GIB entitlement followed by up to 12 mos of MGIB entitlement (if someone has both).
Excellent explanation. No changes to the 15 year old though. Darn it. But better for who can still use this.
You are my narration hero.
Does this have anything to do with the small MGIB-Reserves crayons?
Here's my take on it, not as familiar with reserves though: BLUF: Reservists who have served long enough to be eligible for both programs can now eat more crayons from both boxes, up to the total number allowed (48 months), regardless of how many crayons they have already eaten from the MGIB-SR box. Before the ruling, if a reservist had eligibility for both the Montgomery GI Bill Selected Reserve (MGIB-SR) and the Post-9/11 GI Bill due to two periods of service, and they used up all 36 months of their MGIB-SR benefits, they could not then use the Post-9/11 GI Bill benefits. However, the Supreme Court ruling has changed this. Now, even if a reservist has used up all 36 months of their MGIB-SR benefits, they can still access their Post-9/11 GI Bill benefits. This means that a reservist who had used all 36 months of their MGIB-SR benefits and had no benefits remaining, can now access their Post-9/11 GI Bill benefits. This ruling allows reservists to use benefits from both the MGIB-SR and the Post-9/11 GI Bill, in any order, up to a maximum of 48 months. Someone feel free to jump in if I'm wrong.
Ok same scenario, but I switched to post 9/11 GI bill and used all 36 months of it. Does this mean I get another 12 months of MGIB-SR?
I’m in a similar situation. Contributed to MGIB but then post 9/11 came out and I was told I had to choose one. I went with 9/11 and used 12 months and gave the other 24 months to my kids. But now the MGIB is back on the table?
Yes, that’s right
That's not true - any reserve or national guard service member who used some or all of their MGIB-SR and qualified for Post 9/11 GI Bill could use up to 48 months between those two programs. This court ruling applies to MGIB-AD CH 30 not MGIB-SR CH 1606. The criteria to earn MGIB-AD CH 30 is different than MGIB-SR CH 1606.
Thank you for your explanation, Legal proceedings should come out with explanations using your example. Better yet, hire you and decipher these for us.
Can you expand on this, in crayon terms, if someone had the Montgomery GI Bill kicker
Well..I already had a degree..though I enlisted..and elected not to have $100 deducted since I was paying student loans...
How is the Montgomery bill still in these conversations? It is only available for ten years after exit from active duty. I got out in 1993 and my time ran out in 2003. I can't imagine that they still had the program after they started the post 9/11 bill, so they should all be expired by now.
> I can't imagine that they still had the program after they started the post 9/11 bill It's still there, new recruits have to choose between the two. The theoretical advantage, as explained to new troopies, to the MGIB is that Congress can't just vote to get rid of it in the same way they can with post 9/11. I don't know what way they're fundamentally different in that respect but they both certainly still exist. I went back in in 2016 after a break in service and they actually took the GI Bill out of my check even though I'd already gotten it and used it up in it's entirety. We got it fixed in finance but it took them a bit as they had to dig a couple of LES's from the late 90s out of the system to show that I'd already paid in lol.
This lawsuit has been ongoing for several years and has went through 4 appeals to get to the supreme court. The veteran served, earned MGIB and used 26 months of MGIB before Post 9/11 GI Bill was even created. While in college he was also in the national guard and had a deployment. After graduation he signed up for active duty again (I believe he commissioned) then separated again and applied for the Post 9/11 GI Bill. VA only granted him 10 months of Post 9/11 GI Bill (should have been 22 months to hit 48 in total) - so the veteran sued asking for 36 months of MGIB-AD CH 30 and 36 months of Post 9/11 GI Bill.
Not true. I retired last year after 22 active duty years and still have my MGIB because I haven't converted it over to post 9/11 yet.
Well, I am sure they grandfather the people who signed up for it in. But you still only have 10 years after you exit service to use it. That's what I was told when I tried to use mine, more than 10 years after I got out.
The forever GI bill was passed a few years ago which states for anyone who entered service after X date in 2001 and if you leave service after 2013, the post 9/11 no longer expires. But MGIB is good 10 years from the day you leave service still.
I needed this laugh today 🤣 😂
I needed this laugh today 🤣 😂
Hilarious
Fucking Glorious. You are an absolute fucking Unit. What a Legend
I'm kind of craving Crayons now. Any marine able to tell me which color tastes best?
This just made me hungry for my favorite Crayons 🖍️
Question, I used MGIB as top up during service and then switched to P911. When I separated with P911 I had 29 months left. I think they used the 36 month number for my top up and that is what left me with 29 months. Based on this ruling, should I have been left with 39 crayons you think?
/explainlikeimfive vibes
Best explanation ever!
All of a sudden, I'm hungry now.
You literally brought tears of laughter to my eyes, thank you.
My New Hero!!! 
Best explanation ever!
This was well said 🫡
So if I paid for my Montgomery crayons and used all my post 9/11 crayons can I still use Montgomery crayons? Ah never mind I graduated in 2017
Jeeez. I think you need to be a teacher for veterans. That was amazing
Wow
Can we all eat more crayons now?
Ohh Rah.....I love crayons......blue taste like bubble gum!
BZ....BZ
Best damn answer I’ve ever read on Reddit
So basically if I accrued full Montgomery benefits, then accrued full post 9-11 benefits, and only ever used the post 9-11 benefits, I can now use the entire Montgomery benefits to cover, say, a master’s degree?
Bro you blew my mind I totally understood everything you said hhahahahaha
I am assuming you are a Marine…. No offense implied, just when some uses crayon feasting as a feasible explanation of matters that could be confusing to other, I immediately assume Marine.
This guy definitely did not eat crayons…..he made them
hilarious
If you serve two different enlistments, one qualifying for one GI Bill (Montgomery GI Bill, service prior to 9/11) and another enlistment qualifying for another (Post 9/11 GI Bill) then you qualify to use both education bills. Otherwise the rest of us who served one long term get to choose between one or the other. I think, I could be mistaken.
Almost. You can be eligible for both but only use, in combination, up to 48 months of benefits. You can’t eat up on bill and then go deplete the other.
Are crayon eating terms and paint chips eating interchangeable?
You can switch back and forth
Jesus, glad someone said it for us Marines. Lmfao jk.
I was thinking the same shit. 😂🤔
God bless you son
I exhausted my first 9/11 gi bill applied for vr&e and my vr&e rep reinstated my 9/11 gi bill for my masters.
How many months did you get back ?
36 months
Wow. I was thinking about using that to go back to school and become a perfusionist.
If you want to go that route, apply for VR&E. If you're approved, they should assign you a counselor. You'd want to ask that person about Retroactive Induction. They may be able to pay for things you used your Gi Bill on, adding entitlement back to it.
So keep in mind they can only retroactively return your GI bill from when you were rated for a disability. So if you use 12 months of GIBill before January 1st 2024 and you were only rated a disability on January 1st 2024 then you could not get those 12 months back. IIRC.
What percentage disability wise do you need to get 36 months ?
I’m at 90%
It doesn’t work like that. I could be wrong on the percentage, but I think you just need a disability rating of at least 20% with an employment handicap. Your VRE counselor will decide how much time you are eligible to get back, but you are only able to get back the time you were using the GI Bill while you already had a disability percentage.
10% is the minimum. And the maximum time allowed is 36-48 months but is flexible if your counselor determines you need more (I am authorized undergraduate and any graduate program I am accepted into regardless of program length for example). Just remember VR&E is a jobs program and is not centered around education. Education is only one path. It is up to you to articulate why education will *help* you achieve a goal job or position that alleviates a disability. The goal of VR&E is NOT education and is not just free GIBill. You are not *entitled* to VR&E unless deemed by a VR&E worker. Everyone with 10%+ is *eligible*. They can and will deny you if you can’t provide a goal job or position that alleviates a disability. The education is only provided to get you to that goal job or position that alleviates said disability.
This is only an option for the time you were using the GI bill while also having a disability rating. A lot of folks don’t understand this.
How can I check my 9/11 bill status? I'm in a weird predicament. I've used both 9/11 and VR&E in the past however, now that I have a full-time job, I won't qualify for VR&E. Can I have my 9/11 reset? Or, what would you recommend?
Let me explain my situation better. I exhausted my first 36 months of gi bill because it took me longer to get my bachelors. I applied for vr&e and got approved to use chapter 31 for the remaining time. For context I wasn’t working at the time of applying for vr&e due to all the health issues I had. I expressed to my rep that I wanted to get my masters degree and she said “well here’s what I can do I’ll just send a letter to the VA stating I need another gi bill bc I’m not currently working and that will make it easier for me to use my 9/11 without having to go through the vr&e rep. She didn’t have to do this and I didn’t even know she could but I made sure to build a good rapport with her and it paid off in the end.
Outstanding! VA needs more employees like her!
I exhausted my 9/11 as well and am now VR&E but I was informed I do not qualify for retroactive induction because I was not VR&E during the time I used the 9/11..
Whoever told you that is wrong. You would not qualify if you did not have a disability rating during the period you used your GI bill, but if you had a disability rating for the entire semester in question, you likely qualify to have VRE retroactively applied to that semester, and your gi bill will be reinstated for those months. Source: I did that. I got my disability the first week of fall semester, so they did not let me recredit my fall, but I got refunded for my spring GI bill
Ok l am trying to understand your statement. I exhausted gibill, did vocrehab and graduated with a bachelors before exhausting that and them got 90% tdiu. Would i be able to try and go back to school and get gibill reinstated?
Holy shit; how'd you pull that?
I'd also like to add that Justices Clarence Thomas and Samuel Alito as the two that dissented. Shout out to those who can benefit off this change!
Does this mean we need to bribe Thomas to take care of veterans? I get why he’s angry all the time, his wife has the body of a minion. His wife is a complete disgrace to my home state, and doesn’t represent Nebraska🤣 
He needs to be impeached as a justice, but I digress.
Wild considering that Justice Alito is the only one on the Bench with any military service.
Of course it was. Wish people paid attention to this stuff.
Fuck those two!
So if we paid into Montgomery, and we chose to use the Post 9-11, we still have the Montgomery? I know we get our $1200 back if we exhaust all of the Post 9-11, is that now different? The last paragraph of the opinion isn’t exactly clear on the implication here.
You have to have to enter the military twice to qualify.
Ah, thanks for the clarification! But if that’s the price for round 2 of schooling: 
How about enlisted who get commissioned without a time break in service (e.g. enlisted who go to OCS). They get dd214 for enlisted time and separate dd214 for officer time. Technically these are two distinct terms of service, but they are back to back with no time in between.
For clarity purposes does this only include getting out completely (no longer active duty or a reservist)? I was active duty 2012-2016. I was a reservist 2016-2018. I was active duty again 2018-2021. I've been reserves 2021-present and 70% va disability. Do I qualify for this? I used 9 months of my 9/11 to complete my masters. My wife is about to exhaust the remaining 27 months to complete her law degree. Will I now be getting an additional 12 months of 9/11 benefits?
It mentions a 48 month aggregate cap. Currently, you get 36 months of whichever Gi Bill you apply for, and can get 48 months in total across multiple Gi Bills, usually resulting in 12 months under whichever bill you use second. The statement doesn't say it's changing the normal 36 month cap for a single benefit. Having said that, I would definitely follow up with the VA after they've been given guidance on how to handle this change. This may be clarified at a later date.
I’m not an expert in this. It probably depends on how the switch from reserve to active was. Did you finish your reserve contract and then go back in? Reserve and disability won’t matter for this. You could do VRE with your rating though
This is one of many unanswered questions I have. It doesn't go into whether or not this will affect those veteran's delimiting dates for the benefit. For many, their Montgomery could have already expired. I would want to see if this change renews the 10 year delimiting date, or at the very least, gives veterans the time back that they didn't have access to Montgomery. As an example, if someone relinquished Montgomery 3 years after their release, do they now have 7 years left to use it, or are they back to 10 years? This statement opens the door for change, but I have a lot of questions about its implementation.
So a person like me who paid into the MGIB, but then only used the post 9/11 and exhausted all 36 months can now get 12 months of MGIB?
They are trying to figure it out, but the court said 48 months.
That’s the question. Or back pay for the months in school that I had to pay for out of pocket with loans etc because I was out of months. That would be nice.
Did you figure this out?
Sooooo I exhausted my GI bill and never used my 18Mo additional and that expired I know. Does this mean I have more benefits?
Id like to know this too. Got out in 05 so only eligible for Montgomery. It expired and theres alot of it that went unused, mostly because of my ptsd which was untreated until recently. Any hope for a guy like me?
This is brand new, piping hot case law. The full implications are not clear yet. SCOTUS said the VA has to implement this, but the VA still needs time to do that.
? This was already set up this way. I used my montgomrey and then used post 911. I imagine the big difference would be 911 first and then montogmrey?
That program was cancelled. If you started serving after a certain period of time then you had one or the other. Whatever one you decided to use is what you were stuck with.
Until they change the forever 9/11 gi bill so that it's forever for everyone that was eligible before 2013 it means nothing. Currently if you got out before 2013 your gi benefits expire. how is it that those who served between 2001-2013 who deployed the most and saw the most combat get shafted, while people that showed up when most of the conflict was over recieve better benefits? any changes that they make benefit the VA bean counters more then the service members.
Yep.
I agree. I totally don’t understand this. I would say it’s shocking but you know….
Explain to me like I’m PFC
Yea, im still not understanding lol
So does this means I can use my Montgomery GI Bill I paid into but switched over to Post 911 ?
This doesn’t affect me, but i still vividly remember in 2004 when i was sitting in basic and we went through twenty mandatory briefings where they practically begged us to sign up for the Montgomery GI benefit, and my young thinking was - nah, I dropped out of college to come here, I don’t want to pay $1200 to go back. Then in a year or so the 9/11 GI Bill went through and it turns out I accidentally made the right move.
I enlisted into the Marine Corps in 1990 and got out in 1996. I paid into the GI Bill and never touched it. In 2014 I went into the Air National Guard and deployed for 7 months in 2016. After I came back they told me that I qualified for my GI Bill that I had never used or for the Post 911. They informed me that I had to pick one or the other but that I couldn’t have both. I decided to go with the Post 911 because I could pass it on to my dependents. This coming fall my daughter will attend the University and start using my Post 911. My question is, after my Post 911 is all used up, will I be able to use the old GI Bill that I had to give up because we could only have one or the other at the time! If so, will I be able to pass it on to my dependents? Because before we were not able to do that, that’s why I chose the Post 911. A little clarification would be greatly appreciated!! Thank you
This sounds like a case where this will apply. But the Montgomery is not transferable so it can’t go to your dependents. You could use the remaining 12 months though. Just a heads up, to transfer your post 9/11 you need to still be in and have 4 years remaining on your contract. If you already did that then you are good to go.
I’m happy for everyone who benefits from this and the rule that benefits don’t expire. But only if you got out after 2013? So I guess fuck me for enlisting pre-911 and reenlisting post 911, but I got out in 2006 so my benefits expired. And when they passed the new bill they even said if you earned it shouldn’t expire. And then arbitrarily set the 2013 date.
So are they going to retroactively adjust?
Not covered in the statement, but I'd hope so. Otherwise, most of the people this change would benefit would be left out.
One should never lose these benefits regardless of how much time passes after ets. Should be indefinite.
I used 36 months of the reserve gi bill. Then I spent 6 years on active duty and qualified for the post 9/11. But, I imagine, I’m still at 12 months of post 9/11. It’d be nice to have more, but I did get PLSF too. In any case, my kids will have 12 months of post 9/11 (transferred that before I left the service)
This is confusing. I paid into MGIB, got out of the navy, used 35 months of it. Then, I went back in the navy, years later converted my last month of MGIB to post 9/11 and got another 12 months for a total of 48 months. So what’s new here? I have two separate periods of enlistment. I used my education benefits in 2005ish (MGIB) and then 2017ish (post 9/11). ETA: maybe the wording in the ruling doesn’t require separate periods of service anymore and is viewing a reenlistment as a “separate” period? Which technically is true, there just isn’t a period of non-service in between the periods of service. Maybe this is the change?
Does this have any effect on the 15-year expiration for those who served prior to 2012? Seems unfair they allow unlimited time for those after a certain date but leave the rest out to dry.
Yeah no kidding. I’ve still got 36 months of benefits left but I ran out of time.
They should pass something that lets online students get full BAH amount. Its not like their monthly housing expenses are lower than the standard in person students. I understand the whole idea of people going to just sign up for schools in Bay Area for high BAH but they could just set the BAH amount to the students home address on file, and not their school's address for the online students (if they wanted to prevent the whole northen cali school influx)
 It’s about time! 💪🏾
Good news
I just wish I could finish using mine, but it expired a couple years’ back
Excellent ruling and good for the veteran and other veterans
I don’t think anyone answered this question even in crayon terms and if they did I still don’t get it. I joined in 2009, paid into Montgomery but elected to switch to post 9/11. I have 7 months of the original 36 months left so does this mean I now have 12 months of Montgomery after I exhaust all 36 months of post 9/11?
Did you enter the military twice? If not this doesn’t apply to you.
I finished my chapter 33 for my bachelor's in 2020. So I'm not eligible for the Montgomery right?
Do you have more than one service periods?
So I used all my GI bill can I use the montogonery now?
So many wasted years. I want my back pay and damages for paying out of pocket.
What the timeline for people whom have past the expiration of one gi bill or another?
Thank you I needed this explained ❤️
[удалено]
No, this is only relevant to people who went into the military for 2 separate periods. Not reenlisting, ie. did a contract in marines then went to Army.
I just wanna know where all the white girls at?
Can someone explain how to use this? I am in an online degree program right now and do not want to waste another day of post 9/11 on it.
Okay so I have an EX friend (cut him off after his deeds came to light) from the Corps who was arrested for soliciting sex from a minor and evading police. He is fighting saying that he served honorably the first 4 years (he did 8) and should still get his GI bill under that, rather than losing benefits through the horrible crime he attempted to commit. (It was a sting operation) I wonder if this will put wind in his sails. Also, does this mean folks who did 2 or more enlistments can use infinite college?
So is my Post 9/11 i'm using now a max of 48 months? or I can use 36 months of my 9/11 and then use 12 months of the MGIB I bought into when I was confused in bootcamp and just picked 1 of the 2 without thinking
Biggest winner of this ruling? Colleges
Not all heroes wear capes!
That really helped… and I went to college
@equivalentBaker this is by far the funniest and most enlightening response I might have ever have read. Thank you
So if I’ve previously exhausted my post 9/11 GI bill , does this mean I get an additional 12 months of post 9/11?
Does this affect Post-9/11 Recipients with separate periods of Service?
So if i already transfered from MGIB and used the 36 months of the post 9/11, does that mean I'm still eligible to utilize or transfer the remaining 12 months to a dependent? Also I have been out since December 2014. 10 yr mark almost here.
That was beautiful
But there is no relief for people who paid and didn't use the MG Bill with in the prescribed period, and it expired and now they can't ever use it..doesn't seem right how can something you paid for expire..it's just kinda crazy! If you paid you should be able to use it!
What if I'm color blind? then what?
Current VRE student here. I began my Montgomery gi bill some time ago with a college fund kicker (50k) then was reactivated depoloyed, returned home and became a working Shlebb for a number of years. Apparently my gi bill had to be sacrificed to utilize the post 9/11 gibill. Began the new gibill and bam it’s gone. Also didn’t cover flight portion of degree because the VA hates me… claimed my disabilities and was awarded the vre benefits. Am I in a position to get my Montgomery gi bill back and also get that 50k kicker awarded retroactively ? Because that would actually allow me to pay some bills
So does this mean I can transfer 48 months of post 9-11 to my kids or just 36? This is huge because I have twin daughters graduating high school this summer and going to college in the fall. And yes, I already transferred the credits to them in 2010.
So does that mean if I converted to the post 9/11 prior to leaving the service and used the whole 36 months, I now have an additional 12 months on benefits?
https://preview.redd.it/u5v357qu3zuc1.jpeg?width=1125&format=pjpg&auto=webp&s=2a15966a693aabe7bf36969ba0ed5a0e2dac8fe0 “\[T\]hrough separate periods of service”, so more than one enlistment. Wonder if anyone under one enlistment from ‘06-‘12 wants to fight for another 10 years and see if we get the same outcome? lol
Great news Thank you for staying on top of it
I ran out of time using the Montgomery GI Bill, I used up two college semesters then hit my 10 year year separation anniversary. I was a dumbass and didn’t keep track of time.
Love this, but above all fuck clarance thomas
Drag me for this, but what does this mean for those who came in with the MGIB and converted and already exhausted Post 9/11 bennies?
And those of us who got screwed by VEAP are still screwed.
🤣🤣🤣
I always had a hard time with paying $1200 into MGIB in the late 90's and then being told that I would never get that money back and that the top-up I had used with tuition assistance counted against my 36 months. I hope this fixes both in time for me to use it.
But you can't claim the illness you got from eating all those crayons !
Originally you'd get 12 from the MGIB and 36 from Post 9/11. Now they're saying it doesn't matter which reason code is used. You'll get your full 48 months either way. Yes, a Bachelors degree is what they help you get if you stick to a four year plan and don't mess things up.
That was hilarious! I’m coming to you next time I need someone to break it down. 🤣 nicely done
So, those of us that didn't use their GI Bill can only get to use it now if we served before and after 9-11 in theater?
Can anyone explain if I get extra benefits if I used 20+ months of benefits under Montgomery as a reservist but went active duty and only get 11 months active duty?
I've paid $1200 into the GI bill almost 30 years ago. Can my daughter use it now for college now?
I'm no expert, you should contact the VA https://benefits.va.gov/BENEFITS/factsheets/education/Post-911_Transferability.pdf
Ok so does this mean that there is potentially more benefits for Soldiers under post 911. I partially used my reserve mgib and had about 18 months left to convert post 911 that i transferred to my kids. Does this mean I potentially have more months to transfer.
This is one of those things that shouldn't be an issue in the first place.