RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03524
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 properly counseled regarding the active duty service
commitment (ADSC) requirement at the Post-9/11 briefing. Had he
known that only a one-year service commitment was required due to
the date of his retirement, he would have certainly elected to
transfer his benefits in a timely manner.
In support of his request, the applicant provides a copy of a
supporting statement.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Regular Air Force member who retired on
1 Oct 11.
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 they found no error or
injustice to indicate the applicant did not receive adequate
counseling. Although the guidance counselor asserts the
applicantÂ’s early departure from the retirement briefing may have
attributed to his confusion concerning the ADSC requirements,
there is no evidence to indicate that he followed-up or attended
any other briefings to get clarification regarding the ADSC
requirements.
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 services 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 30,000 transferability applications.
DPSIT states 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 AFPC/DPSIT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 Oct 11, for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit C).
_________________________________________________________________
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-2011-03524 in Executive Session on 15 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Sep 11.
Exhibit B. Letter, AFPC/DPSIT, dated 27 Sep 11.
Exhibit C. Letter, SAF/MRBR, dated 28 Oct 11.
Panel Chair
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