RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00447
			COUNSEL:  NONE
			HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

He be allowed to transfer his Post-9/11 GI Bill Educational 
benefits to his dependents without incurring an additional 
Active Duty Service Commitment (ADSC).


APPLICANT CONTENDS THAT:

On or about 11 December 2013, with the help of the newly 
detailed Retention Office Manager (ROM), he applied to transfer 
his Post-9/11 GI Bill Educational Benefits to his dependents.  
He was told that it would be denied because he failed to apply 
before 1 August 2013.  He and the ROM apparently did not 
understand or were not aware that an additional ADSC would be in 
effect after that date.  Had he transferred his benefits before 
August 2013, he would not be required to commit to an additional 
ADSC.

He deployed to Iraq and Afghanistan partially out of a sense of 
duty and to gain educational benefits for his dependents.  Prior 
to his short notice deployment in January 2013, he made numerous 
unsuccessful attempts to transfer his educational benefits.  The 
wing ROM position was vacant from July to October 2013 which is 
the reason the expiration of reduced service commitment options 
was not well publicized by the wing.  He as a commander and his 
first sergeant were not aware of this change and did not brief 
his squadron of these requirements.  If word of the deadline was 
announced, it must have happened while he was deployed.  He 
returned from his deployment in April 2013 and was placed on 
leave.  He had his change of command ceremony in June 2013 and 
there was no Unit Type Assembly (UTA) scheduled for July 2013.  
The August UTA occurred after the transfer of benefits deadline 
expired.  Basically, he had two working days after his 
deployment and leave to transfer his benefits.  Even if he made 
this attempt, the wing did not have a ROM assigned, which is 
required to transfer benefits.  He exercised all due diligence 
that could be expected by a part-time guardsman attempting to 
transfer his benefits between his deployments.

In support of his request, the applicant provides a sworn 
affidavit.

His complete submission, with attachment, is at Exhibit A.


STATEMENT OF FACTS:

According to his Personal Data System Service History dated 
23 December 2014, as of 21 September 2002, the applicant had 
20 years satisfactory service towards retirement.

According to Reserve Order EK-5720 dated 22 August 2013, the 
applicant was transferred to the Retired Reserve List effective 
31 December 2013.  He was eligible for Reserve retired pay at 
age 60 under the provisions of Title 10, United States Code, 
§ 1331.

According to his DD Forms 214, the applicant served on active 
duty from 20 July 2010 to 20 October 2010 for 3 months and 1 day 
and for the period 20 January 2013 through 21 April 2013 for 
3 months and 2 days of active duty.

According to AF Form 4406, Post-9/11 GI Bill Transfer of 
Educational Benefits Statement or Understanding, signed by the 
applicant on 23 December 2013, he acknowledged that he would 
incur a service obligation of 4 years.

Transferability of Unused Education Benefits to Family Members. 
Subject to the provisions of DoDI 1341.13, Post-9/11 GI Bill, 
the Secretary concerned, to promote recruitment and retention in 
the Uniformed Services, may permit an individual eligible for 
Post-9/11 GI Bill educational assistance to elect to transfer to 
one or more of his or her family members all or a portion of his 
or her entitlement to such assistance.

*	If the member has at least six years of service in the 
Armed Forces (active duty and/or Selected Reserve) on 
the date of election and agrees to serve four additional 
years in the Air Force from the date of request, 
regardless of the number of months transferred, or

*	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 Air Force policy, DoD 
policy or statute from committing to four additional 
years (HYT, MEB/TDRL, etc.) of service and agrees to 
serve for the maximum amount of time allowed by such 
policy or statute.

Per AFI 36-2306, Voluntary Education Program, A9.18.1.4.2, dated 
13 August 2010, for those members eligible for retirement on 
1 August 2009, no additional service is required.  This reduced 
service commitment option expired on 31 Jul 2013.




AIR FORCE EVALUATION:

NGB/AlY recommends denial.  The Department of Veterans Affairs, 
the Department of Defense (DoD) and the Military Services widely 
publicized the Post-9/11 GI Bill and the transferability 
feature.  The DoD developed a special website, hosted by the 
Defense Manpower Data Center (DMDC), to facilitate the transfer 
of educational benefits.  The website was operational on 27 June 
2009 for the purpose of accepting transfer of benefits 
application.  The Air National Guard implemented a communication 
plan, using the ROM at each wing to serve as spokespersons to 
disseminate information to unit members on the Post-9/11 GI Bill 
and Transfer of Educational Benefits (TEB) program using 
internal media, internal communication tools and external trade 
publications.  The DMDC transfer of benefits website has the 
feature to track a member's transfer record from the initial 
request to any changes or modifications made to the request. 
This feature tracks requests submitted starting from 14 August 
2010.  After a search was conducted, A1Y found that the 
applicant requested to transfer his benefit on 6 December 2013. 
The ROM states that he met with the applicant before his 
retirement specifically to accomplish the transfer.  The ROM 
briefed the applicant that he would incur a 4-year service 
obligation for transferring the benefit.  The applicant was made 
aware of the 4-year service obligation when he completed the 
transfer request in the DMDC database as well as when he 
completed the Statement of Understanding (SOU) with the ROM.

The complete A1Y evaluation, with attachment, is at Exhibit B.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

The advisory opinion is based on incorrect information.  The Air 
Force Office of Primary Responsibility (OPR) states that he 
claimed to be unaware of the 4-year service obligation that 
would be incurred if he had transferred benefits.  This is not 
the basis for his request.  In fact, he had 32 years of service, 
had just returned from Afghanistan, was officially told that he 
was not retained in November 2013, and retired in December 2013. 
Because he had been non­retained, he could not stay an 
additional 4 years.  The OPR falsely leads the Board to believe 
that the ROM met with him to accomplish the transfer, contacted 
NGB/AlY and informed him of a 4-year service obligation to 
transfer benefits.  This misrepresentation of the facts can be 
verified in the attached email between himself and the ROM.

The facts are that the ROM met with him prior to 6 December 
2013 and said that he would transfer his benefits.  He completed 
the SOU and signed it.  On 6 December 2013, they met again in 
his office and created a DMDC “milConnect” account and applied 
to transfer the benefits.  The ROM was well aware that he had 
been non-retained and was retiring.  In reading the email one 
can clearly see that the ROM stated on 14 January 2014 that he 
would contact NGB to see what was delaying his application to 
transfer the benefits that he applied for on 6 December 2013.  
The OPR is incorrect in stating that he was made aware of the 4-
year service obligation when he completed the transfer request 
and when he completed the SOU.  He was not aware of this, and 
from reading his email, one can clearly see that the ROM was 
also not aware.  Additionally, one must question why the ROM 
would go through completing the paperwork if he was aware of 
this stipulation.  Although he sought counseling on multiple 
occasions, a series of errors and ignorance of policy prevented 
him from transferring benefits to his dependents.

In further support of his request, the applicant provides an 
electronic communiqué between himself and the ROM.

His complete response is at Exhibit E.


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.  The applicant 
contends that he made numerous unsuccessful attempts to transfer 
his educational benefits prior to his deployment in January 
2013.  However, other than his own uncorroborated assertions, he 
has not provided substantial evidence to show that he made any 
attempts.  The applicant also challenges A1Y’s assertion that he 
was made aware of the 4-year service obligation.  However, the 
evidence of record clearly indicates he signed the SOU on 
23 December 2013, acknowledging that he would incur a service 
obligation of 4 years.  Therefore, we agree with the opinion and 
recommendation of the Air Force OPR and adopt the rationale 
expressed as the basis for our conclusion the applicant has 
failed to sustain his burden of proof that he has been the 
victim of an error or injustice.  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 this application 
in Executive Session on 15 January 2015, under the provisions of 
AFI 36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence pertaining to AFBCMR BC-2014-
00447 was considered:

      Exhibit A.  DD Form 149, dated 28 January 2014, w/atch.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, NGB/A1Y, dated 12 March 2014, w/atchs.
      Exhibit D.  Letter, SAF/MRBR, dated 24 March 2014.
      Exhibit E.  Letter, Applicant, dated 1 April 2014, w/atch.