RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03358 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependent. ________________________________________________________________ APPLICANT CONTENDS THAT: When the Post-9/11 GI Bill came out, he was briefed that he would owe so many years to be eligible for the transfer benefit. He was never briefed that he had to transfer the benefits to his dependents prior to retirement. Upon his approval for retirement, he elected to transfer 12 months to his son. He was then told that he was ineligible due to a three-year service commitment. He thought he was covered since he signed up for the transfer and served his three years. He did not read that he had to make the transfer while on active duty and then the time frame would start when he transferred the benefit. He believes there has been a lack of communication while serving in a joint environment and thus an injustice. Had he learned then what he knows now, he would have transferred the benefits when he signed up for them. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Air Force on 1 August 2012. The remaining relevant facts are contained in the letter prepared by the Air Force office of responsibility, which is listed at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial. For the first time in history, service members enrolled in 38 U.S.C, Chapter 33 (Post-9/11 Educational Assistance) were able to transfer their benefits to their dependent spouse or children. Any member of the Armed Forces, active duty, or Selected Reserve, officer or enlisted, on or after 1 August 2009, who is eligible for the Post-9/11 GI Bill, had at least 6 years of service on the date of election may transfer unused Post-9/11 benefits to their dependents. The Department of Defense issued a regulation that authorized the Military Departments to offer service members the option to transfer benefits. The Secretary of the Air Force determined the Air Force would offer the transfer of benefits feature. The transfer must be initiated while the member is serving in the Armed Forces, which is defined as limited to those serving on active duty or in the Selected Reserves. Service Secretaries were required, as of 22 June 2009 (reissued 10 September 2010), to provide and document individual pre- separation or release from active duty counseling on the Post- 9/11 GI Bill benefits. The Air Force issued guidance requiring pre-separation counseling be documented on the DD Form 2648. However, the Air Force did not engage in a Service-wide effort to seek out members who were already on terminal leave, or who had already completed their pre-separation counseling in order to provide them with additional counseling. The applicant did not provide adequate justification or documentation. He declined to receive pre-separation education benefits counseling on 22 February 2012. He did not apply for transfer of benefits until 12 July 2012 and failed to sign a statement of understanding because he had an approved retirement date of 1 August 2012. The member could not have served the required 4 year active duty service commitment for the transfer of benefits in accordance with Air Force guidelines. The complete DPSIT, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He applied to update his GI Bill to the Post-9/11 GI Bill when the law was changed allowing active duty members to transfer their benefits. The form did not state that you complete the form and then complete an additional four years of service. He reiterates he was never briefed he had to transfer the benefits prior to retirement. The information he received was passed to him from the Department of Veterans Affairs website. He attended all the appointments required by Pope Army Air Field for retirement. The only information he received about the transfer of benefits was to do so while on active duty. Once he received the VA education booklet, he noticed that he had to serve an additional three years for the transfer. He applied for reinstatement, however, his request was denied due to his approved retirement date. He believes that had he been stationed at a base with Air Force personnel, he would have received the required briefings and information. The applicant’s response, with attachment, is at Exhibit E. ________________________________________________________________ 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. After careful consideration of the applicant’s request and the available evidence of record, we find insufficient evidence of error or injustice to warrant corrective action. The facts and opinions stated in the advisory opinion appear to be based on the evidence of record and have not been adequately rebutted by the applicant. 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2012-03358 in Executive Session on 9 May 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-03358 was considered: Exhibit A. DD Form 149, dated 24 Jul 12. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 13 Aug 12. Exhibit D. Letter, SAF/MRBR, dated 28 Aug 12. Exhibit E. Letter, Applicant’s Response, undated, w/atch. Panel Chair