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 applicants 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 applicants 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
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