RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03178
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to transfer half of his Post-9/11 GI Bill benefits 
to his dependent wife.

________________________________________________________________

APPLICANT CONTENDS THAT:

In 2008, he was briefed that his Post-9/11 GI Bill benefits 
would be available to transfer 15 years after he retired but 
later found out this is not the case.   

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force on 30 Sep 92 
and was progressively promoted to the grade of technical 
sergeant (E-6), having assumed that grade effective and with a 
date of rank of 1 Aug 09.  He retired on 1 Sep 13 after serving 
20 years, 11 months, and 1 day on active duty.

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 GI Bill, and: 

*	Has at least 6 years of service in the Armed Forces on the 
date of election and agrees to serve 4 additional years in 
the Armed Forces from the date of election. 

*	Has at least 10 years of service in the Armed Forces 
(active duty and/or selected reserve) on the date of 
election, is precluded by either standard policy (service 
or DoD) or statute from committing to 4 additional years, 
and agrees to serve for the maximum amount of time allowed 
by such policy or statute, or 

*	Is or becomes retirement eligible during the period from 
1 Aug 09, through 1 Aug 13.  A service member is considered 
to be retirement eligible if he or she has completed 
20 years of active duty or 20 qualifying years of reserve 
service. 

*	For those individuals eligible for retirement on 1 Aug 09, 
no additional service is required. 

*	For those individuals who have an approved retirement date 
after 1 Aug 09, and before 1 Jul 10, no additional service 
is required. 

*	For those individuals eligible for retirement after 1 Aug 
09, and before 1 Aug 10, 1 year of additional service after 
approval of transfer is required. 

*	For those individuals eligible for retirement on or after 
1 Aug 10, and before 1 Aug 11, 2 years of additional 
service after approval of transfer are required. 

*	For those individuals eligible for retirement on or after 
1 Aug 11, and before 1 Aug 12, 3 years of additional 
service after approval of transfer required. 

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AIR FORCE EVALUATION:

AFPC/DPSIT recommends denial, indicating there is no evidence of 
an error or injustice.  In 2008, the Education Office did 
properly brief the applicant that Post-9/11 GI Bill can be used 
up to 15 years after separation/retirement; however, the 
Transfer of Education Benefits (TEB) was not signed into law 
until 1 Aug 09, so there is no way the applicant could have been 
briefed on the program at the time he indicates.  Additionally, 
there is no record the applicant ever submitted a TEB 
application, nor did he contact the Total Force Service Center 
to inquire about the status of the TEB.  It is unknown when the 
applicant was briefed on the 36 month retainability requirement 
since there is no record of a TEB application but assuming the 
briefing occurred in 2008, the applicant had enough time to meet 
the four year Active Duty Service Commitment (ADSC) required 
with the TEB and his High Year Tenure (HYT) would not have been 
a concern.

The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09.  
Any member of the Armed Forces who, on or after 1 Aug 09, is 
eligible for the Post-9/11 GI Bill, had at least six years of 
service on the date of election may transfer unused Post-9/11 
benefits to their dependents.

Service Secretaries were required, as of 22 Jun 09, to provide 
and document individual pre-separation or release from active 
duty counseling regarding these benefits.  The Air Force issued 
AFGM1 on 23 Jul 09, which required pre-separation counseling be 
documented on DD Form 2648, Preseparation Counseling Checklist 
For Active Component (AC), Active Guard Reserve (AGR), Active 
Reserve (AR), Full Time Support (FTS), And Reserve Program 
Administrator (RPA) Service Members.  

DoD developed a special website to facilitate the transfer of 
educational benefits.  On 27 Jun 09, the website was operational 
for the purpose of accepting transfer of benefits applications.  
Both the Directive Type Memo and AFI 36-2306, Voluntary 
Education Program, 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.

A complete copy of the DPSIT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 31 Oct 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

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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 
(OPR) 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.

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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-2013-03178 in Executive Session on 28 May 14, under 
the provisions of AFI 36-2603:

                           , Panel Chair
                         , Member
                        , Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Jun 13, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIT, dated 14 Aug 13.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 13.




                                   
                                   Panel Chair