RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03977
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The 21-month extension he incurred on his current enlistment in
order to qualify for the Post 9/11 GI Bill transfer of education
benefits (TEB) be voided.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Post 9/11 GI Bill Benefits came into effect on 1 Aug 09, the
exact month/year he had four years of retainability on his
current enlistment. At the time the Post 9/11 GI Bill came into
effect there was not a lot of solid information with regards to
transferring education benefits to dependents. He did not feel
confident in the information that was out there to make an
educated/safe decision with regards to the pros and cons that are
associated with making such a significant decision.
He has since transferred Post 9/11 benefits; however, he does not
think that he should have had to extend to do so. He realizes
the considerable amount of time that has passed since the
commencement of the Post 9/11 GI Bill (1 Aug 09), and when he
submitted his application to transfer his Post 9/11 GI Bill
benefits to his dependents (19 May 11). The reasons for this
time span is due to (but not limited to) a significant temporary
duty (TDY)/deployment schedule (hence being away from his home
location of education subject matter experts)
In support of his request, the applicant provides a letter from a
member of his commanders support staff.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in
the grade of master sergeant. On 19 May 11, the applicant
applied for the Post 911 GI Bill to transfer his education
benefits to his children, thereby incurring the required
retainability.
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. DPSIT states the applicant
provides no evidence of error or injustice on the part of the Air
Force. Retainability requirements were well publicized through
print and video media. Furthermore, the retainability
requirements have not changed since program inception. The
applicant finally chose to transfer benefits to his dependents
two years later and obtained the required retainability. It is
unreasonable and highly unlikely the applicant is just now coming
to the understanding of the retainability requirements.
The Department of Defense (DoD) and Air Force guidance is clear
on the retention requirements and that the commitment starts on
the date the member requests TEB. Members who have more than six
years service but are not yet eligible to retire must agree to
serve four additional years in the Air Force from the date of the
request, regardless of the months transferred.
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 active 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.
The complete DPSIT evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 4 Nov 11, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received (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 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 that 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 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 Docket Number
BC-2011-03977 in Executive Session on 9 Feb 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Sep 11, w/atch.
Exhibit B. Letter, AFPC/DPSIT, dated 21 Oct 11.
Exhibit C. Letter, SAF/MRBR, dated 4 Nov 11.
Panel Chair
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