RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00444 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post 9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: While deployed to Iraq he was miscounseled regarding transferring Post 9/11 GI Bill benefits to his dependents while on active duty. He also states that he was told he could transfer the benefits without incurring an active duty service commitment (ADSC). When he submitted his application it was denied because he had an approved retirement date and could not accept the one- year ADSC. He being deployed restricted his options for access to the correct information regarding transferring Post 9/11 GI Bill benefits. In support of his appeal, the applicant provides a copy of his transfer request. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Regular Air Force member who retired on 1 Feb 11. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AF/A1PA recommends denial, indicating there is no evidence of an error or injustice. Service members who have 20 years of service as of 1 Aug 09 or had an approved retirement date after 1 Aug 09 and before 1 Jul 10 were not required to incur an active duty service commitment to be eligible to transfer to their benefits to their eligible dependents. The applicant stated he was advised by the MPF that he could transfer benefits and not incur an additional service commitment; however, he has not provided any evidence to support his assertion, which contradicts the published program information indicating the service member had to have completed 20 years of service as of 1 Aug 09 in order to transfer benefits without incurring an additional service commitment. The applicant further contends his being deployed severely restricted him from accessing the correct information regarding the transfer of benefits. However, the applicant had options available to him to access the information for transferring benefits. This information was published on Department of Defense (DOD) and Air Force websites and service members could access the Internet from their government work stations, internet cafes on base, or a wireless service provider. The complete AF/A1PA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states that he had very limited access to the correct information due to being deployed to Iraq. He was deployed to small outposts working long hours and traveling by convoy; as such, his access was limited to internet cafés and government work stations--he had no wireless internet provider. When he did manage to inquire about the program, he was advised that he would not require a service commitment if he entered active duty prior to August 1990. Even after he returned from his deployment he was told he could transfer benefits without incurring a service commitment based on his date of entry onto active duty. The applicant’s 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 an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we are not persuaded that relief is warranted in this case. In that regard, although we have determined in other cases of this type that relief was warranted, our decision was based on giving applicants the benefit of the doubt that they were not properly counseled and informed regarding the rules for transferring benefits during the Air Force’s implementation of the program. However, in our view, this was over a limited period culminating with issuance of updated instructions in November 2009. We note the applicant retired effective 1 Feb 11 and we do not find the evidence submitted sufficiently explains why he was not aware of the actions necessary to transfer his benefits. Therefore, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2011-00444 in Executive Session on 25 Aug 11 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-00444 was considered: Exhibit A. DD Form 149, dated 27 Jan 11, w/atchs. Exhibit B. Applicant’s Military Personnel Records. Exhibit C. Letter, AF/A1PA, dated 8 Apr 11. Exhibit D. Letter, SAF/MRBR, dated 15 Apr 11. Exhibit E. Letter, Applicant, dated 9 Jun 11. Panel Chair