RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03592 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He was not given accurate information regarding extending his enlistment in order to qualify for the Post-9/11 GI Bill. He was told by the base education office that he would be grandfathered into the program because he had 24 plus years of service. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Regular Air Force member who retired on 1 Ju1 09. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial noting there are no records showing the applicant requested a waiver or extension to remain on active duty to qualify for the program to transfer education benefits to his dependents. The Air Force only provided the opportunity to extend 30 days to airmen with a retirement date of 31 Jul 09. The applicant’s last day on active duty was 30 Jun 09. Under Title 38 United States Code (USC), Chapter 33, service members are allowed to transfer unused educational benefits to their dependent spouses and children. Any member of the Armed Forces, active duty or Selected Reserves, officer, or enlisted, on or after 1 Aug 09, who is eligible for the Post-9/11 GI bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period of in the Armed Forces from the date of election, may transfer unused Post-9/11 benefits to their dependents. The Air Force, in implementing its guidance, developed a communication plan that used the Air Force Personnel Center Commander and the Education and Training Sections 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; most noted the requirement to be on duty on the 1 Aug 09 effective date of the Post-9/11 GI Bill to be eligible to transfer benefits. Some articles mentioned that service members on active duty or in the selected reserve could transfer benefits. Notably, since 1 Aug 09, the Air Force approved over 50,000 transferability applications. 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 Jun 09 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 complete USAF/DPSIT evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant notes the information regarding the initiation of the transfer of benefits was not made public prior to his approved 1 Jul 09 retirement date. During his pre-separation counseling he selected the option to receive additional assistance with developing an Individual Transition Plan and additional information on the MGIB. Had he been provided clear and decisive information he would have been able to plan his retirement to be eligible for the program. The applicant’s complete response, with attachments, is at 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 an error or injustice. 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 an 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-2011-03592 in Executive Session on 15 May 12 and 11 Jul 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Sep 11, w/atch. Exhibit B. Letter, AFPC/DPSIT, dated 20 Oct 11. Exhibit C. Letter, SAF/MRBR, dated 4 Nov 11. Exhibit D. Letter, Applicant, dated 15 Nov 11, w/atchs. Panel Chair