RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02115 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to transfer his Post 9/11 GI Bill benefits to his dependents. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was not aware that he had to process his application through the Air Force Personnel Center (AFPC). When he attended the briefings in 2009, he processed his application and received confirmation from the Department of Veterans Affairs (DVA) and believed he had taken all the required actions necessary to complete the transfer of benefits for his children. If he had known he needed to take any other actions to transfer his benefits to his children he would have done so. He had surgery in 2009, was deployed shortly after filing his application and remained deployed throughout 2010, went on terminal leave and then retired early 2011, and did not realize that his application was not complete. In support of his appeal, the applicant provides a timeline of the events leading up to his retirement; copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 28 Feb 11, and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was relieved from active duty, on 28 Feb 11, with a reason for separation of Voluntary Retirement: Sufficient Service for Retirement. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve (SelRes), officer or enlisted) on or after 1 Aug 09, 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 a specified additional period in the Armed Forces from the date of election. • Has at least 10 years of service in the Armed Forces (active duty and/or SelRes on the date of election, is precluded by either standard policy (service or Department of Defense (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 1 Aug 09 through 1 Aug 13. 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 1 Aug 09, no additional service is required. • For those individuals who have an approved retirement date after 1 Aug 09, and before 1 Jul 10, no additional service is required. • For those individuals eligible for retirement after 1 Aug 09, and before 1 Aug 10, 1 year of additional service after approval of transfer is required. • For those individuals eligible for retirement on or after 1 Aug 10, and before 1 Aug 11, 2 years of additional service after approval of transfer are required. • For those individuals eligible for retirement on or after 1 Aug 11, and before 1 Aug 12, 3 years of additional service after approval of transfer are required. ________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1PA recommends denial, stating, in part, that the applicant had access and opportunity, and time between 1 August 2009 and his 1 March 2011 retirement date to ensure he completed the transfer of benefits to his children. The Air Force, in implementing its guidance, developed a communication plan that used the Air Force Personnel Center Commander and the Education and Training Section at each installation to serve as spokespersons to communicate the Post- 9/11 GI Bill transfer-to-dependent program using internal media, internal communication tools, and external trade publications. There were various news articles about the Post-9/11 GI Bill to be eligible to transfer benefits. The Department of Veterans Affairs (DVA), the DoD and the Military Services widely publicized the Post-9/11 GI Bill and the transferability feature. DoD developed a special website, hosted by Defense Manpower Data Center (DMDC), to facilitate the transfer of educational benefits. The website system was operational on 27 June 2009 for the purpose of accepting transfer of benefits applications. The Directive Type Memo (DTM) and Air Force Instruction state the transfer must be made while the member is serving in the Armed Forces. Both documents were published on government-hosted websites prior to 1 Aug 09, the effective date of the Post-9/11 GI Bill. The Certificate of Eligibility the applicant received from the VA clearly details the service member's eligibility under the Post-9/11 GI Bill. It certifies the member, not anyone else was entitled to benefits for an approved program of education or training under the Post-9/11 GI Bill. There is nothing stated or implied in the Certif1cate of Eligibility that indicates transferability. He provided dates that he attended a mass briefing and individual counseling for the Post-9/11 GI Bill benefits. The mass briefing was a general standardized briefing outlining the details of the program and provided general eligibility criteria for the program. The briefing addressed the Transfer to Dependents as an option aimed at encouraging airmen to remain on active duty for at least 10 years. The Transfer of Education Benefits (TEB) slide highlighted that individuals apply separately to transfer benefits using the TEB website and included a statement indicating that AFPC's Service Center will review eligibility, and approve or reject members' application. The applicant also attended pre-separation transition counseling on 17 December 2010 and was advised to seek individual counseling in regards to VA educational benefits. He also attended a complete Transition Assistance Program (TAP) workshop in March 2010 which included a VA Benefits briefing. The complete HQ USAF/A1PA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 22 Jul 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s Transfer of Educational Benefits. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02115 in Executive Session on 3 April 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, USAF/A1PA, dated 11 Jul 11. Exhibit D. Letter, SAF/MRBR, dated 22 Jul 11. Panel Chair