RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04097
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he elected to transfer his Post-
9/11 GI bill to his dependents while on active duty.
_________________________________________________________________
APPLICANT CONTENDS THAT
He was not informed that he had to be on active duty in order to
transfer his benefits to his dependent. On 31 Aug 10, when he
attended the Transition Assistance Program (TAP) at Ellsworth
AFB, South Dakota, the person who normally presented the Post-
9/11 GI Bill briefing was not available, and the alternate
briefer did not cover the topic of transferability. Therefore,
he was unaware of the requirement to be on active duty to elect
to transfer his benefits until Sep 11 when he read about it in
the Air Force Times.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from
the applicants master personnel records, are described in the
letter prepared by the Air Force office of responsibility which
is included at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating there is no evidence of
an error or injustice. For the first time in history, service
members enrolled in 38 U.S.C., Chapter 33 (Post-9/11 Educational
Assistance), are able to transfer unused educational benefits to
their dependent spouses or children. Any member of the Armed
Forces, active duty or Selected Reserve, officer or enlisted, on
or after 1 Aug 09, who is eligible for the Post-9/11 benefits,
has at least six years of service in the Armed Force on the date
of election, and agrees to serve a specified additional period in
the Armed Forces on the date of election (if applicable), may
transfer unused Post-9/11 benefits to their dependents pursuant
to Service regulations (38 U.S.C. § 3319(b)(1)). However, the
transfer must be initiated while the member is serving in the
Armed Forces, which is defined as limited to those on active duty
or in the Selected Reserve. 38 U.S.C. § 3323(b)(1) and (2)
require the Secretary to provide the member information on the
Post-9/11 GI Bill as specified in DoD Regulations. The Air
Force, in implementing its guidance, developed a communications
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 communications
tools, and external trade publications. In addition, the
Department of Veterans Affairs (DVA), the DoD and the Military
Services widely publicized the Post-9/11 GI Bill and the
transferability feature. The DoD developed a special website to
facilitate the transfer of educational benefits. The applicable
Department of Defense Directive Type Memorandum (DTM) and the Air
Force Instruction both state the transfer must be made while the
member is serving in the Armed Forces, and both were published on
government-hosted websites prior to 1 Aug 09. Notably, since
1 Aug 09, the Air Force approved over 50,000 transferability
applications. The applicant acknowledges that he was briefed on
the Post-9/11 GI Bill during TAP, but failed to transfer to this
dependents before his retirement. He did not provide sufficient
information to prove there was an error or injustice.
The complete AFPC/DPSIT evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates that he was not properly advised of the
requirement to be on active duty to elect to transfer his
benefits and submits materials he received from the Department of
Veterans Affairs (DVA), none of which indicate the requirement to
be on active duty to elect the transfer. In addition, he
restates his contention that he cannot recall transferability
being discussed during the TAP presentation about the Post-9/11
GI Bill.
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 applicants complete submission, including his
response to the Air Force evaluation, in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility (OPR) and adopt
its rationale as the basis for our conclusion the applicant has
not been the victim of an error of 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 material 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-2011-04097 in Executive Session on 3 Apr 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining was considered:
Exhibit A. DD Form 149, dated 14 Sep 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/DPSIT, dated 27 Oct 11.
Exhibit D. Letter, Applicant, undated.
Panel Chair
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