RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:DOCKET NUMBER: BC-2013-01556
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be allowed to transfer his Post-9/11 GI Bill benefits to
his dependents.
2. His Servicemans Group Life Insurance (SGLI)/ Veterans Group
Life Insurance (VGLI) be reinstated.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not properly briefed during his out-processing. He feels
his Reserve unit did not properly provide the necessary
information to allow him to make an informed decision regarding
his educational benefits and insurance options. He was told
this should have been covered during a mandatory briefing during
his transition. His transition from the Air Force was completed
in a rushed manner and lacked vital information.
In support of his appeal, the applicant provides a supporting
statement, his rating from the Department of Veterans Affairs
and physicians notes.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Air Force Reserves. He
was placed on the Temporary Disability Retired List effective
28 October 2009.
The applicant was sent a letter of explanation stating that
members are automatically insured under full time SGLI while
serving on active duty. Full time covered members receive
120 days of free coverage from their date of separation and must
apply to convert SGLI to VGLI within one year after the 120 days
of free coverage. The Office of SGLI is the only authority that
can determine eligibility or extend the eligibility time period.
The remaining relevant facts pertaining to this case are
contained in the letter prepared by the office of primary
responsibility and contained at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFRC/A1K recommends denial. The Post-9/11 Veterans Educational
Assistance Act of 2008 became Public Law No. 110-252 when signed
by the President on 30 June 2008. The Public Law has become
38 U.S.C. Chapter 33. The Department of Defense published its
Directive Type Memorandum (DTM) 09-003: Post 9/11 GI Bill on
22 June 2009. The guidance established policy for authorizing
the transferability of the armed forces when the transfer is
executed.
The Post-9/11 Bill Statement of Understanding (SOU) is issued at
the time of Post-9/11 Bill counseling. The SOU clearly outlines
the requirements of the Post 9/11 transfer program. The
applicant applied for the transfer of benefits in September
2009; however, his application was disapproved because he failed
to meet the requirements of the program at the time.
Based on the legislative DTM, which states in part, a child may
start use of the benefit only after the individual making the
transfer has completed 10 years of service in the Armed Forces.
At the time of retirement, the applicant had completed
9 satisfactory years of service.
The complete A1K evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 31 October 2013, for review and comment within
30 days (Exhibit D). As of this date, this office has received
no response.
________________________________________________________________
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 in judging the
merits of this case; however, we find no evidence of an error or
injustice to warrant corrective action. The facts and opinions
stated in the advisory opinion appear to be based on the
evidence of record. The applicant has not provided sufficient
evidence that he was miscounseled regarding his educational
benefits and insurance options. Therefore, we agree with the
opinion and recommendation of the Air Force office of primary
responsibility that since the applicant did not meet the
requirements of the Post-9/11 GI Bill program at the time of his
retirement, he is not eligible to transfer educational benefits.
Additionally, since the applicant failed to convert his SGLI to
VGLI within the one year requirement following his medical
retirement, he is ineligible for VGLI. 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 AFBCMR Docket
Number BC-2013-01556 in Executive Session on 10 December 2013,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Mar 13, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit B. Letter, AFRC/A1K, dated 1 Jul 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 31 Oct 13.
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