RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01541
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he transferred his Post-9/11 GI Bill educational benefits to his dependents on 1 Aug 09 and incurred an active duty service commitment (ADSC) date of 1 Aug 13.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not aware that he could have elected to transfer his benefits as early as Aug 09, incurring an ADSC of Aug 13, due to lack of communication at his remote duty location. It was not until his return from his remote assignment that he was made aware that a four-year ADSC was required to transfer his benefits. As such, due to his remote location, inaccessibility of Department of Defense (DoD) support, and delay of administrative procedures, his records should be corrected to reflect he elected to transfer his benefits on 1 Aug 09.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of lieutenant colonel (0-5).
On 16 Jul 13, the applicant was issued orders which indicate on 30 Jun 14 he will be relieved from active duty and retired, effective 1 Jul 14.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating the applicant did not provide adequate justification or documentation to substantiate approval of his request. Any member of the Armed Forces who, on or after 1 August 2009, eligible for the Post-9/11 GI Bill, had at least six years of service on the date of election and agreed to serve (if applicable) a specified additional period from the date of election, may transfer unused Post-9/11 GI 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 active duty on the 1 August 2009 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 August 2009, 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 June 2009 for the purpose of accepting transfer of benefits applications. The 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 August 2009, the effective date of the Post-9/11 GI Bill.
A complete copy of the AFPC/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 14 Apr 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. The applicant argues his remote location interfered with receiving proper guidance in regards to TEB; however, other than his own assertions, the applicant has presented no evidence whatsoever that an error on the part of the Air Force, or circumstances beyond his control, precluded him obtaining information on this important entitlement and taking appropriate action during the approximately three years of his overseas assignment. 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-01541 in Executive Session 27 Jan 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Mar 13, w/atch.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSIT, dated 1 Apr 13.
Exhibit D. Letter, SAF/MRBR, dated 14 Apr 13.
Panel Chair
3
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