RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01624 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: He was miscounselled. He was advised to make an election based on enrollment in other programs. He was informed his eligibility was intact based on his years of service and that no other action was required. He was not provided a certificate of eligibility. He was never informed his election had to occur while he was on active duty. In support of his request, the applicant submits copies of the Post-9/11 MGIB Questions and Answers and his DD Form 214, Certificate of Release or Discharge from active Duty. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 31 Mar 11, the applicant was retired from the Regular Air Force. He served 26 years, 10 months and 22 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1PA recommends denial, since the Air Force made reasonable efforts to ensure the information was available to the applicant prior to his retirement. A1PA states members may have had the impression that being on active duty or in the Selected Reserve on the effective date of the law, 1 Aug 09, was sufficient to “vest” them with the right to transfer benefits at some time in the future. The applicant attended a Transistion Assistance Planning Seminar in Sep 10 and received a briefing on the Post-9/11 GI Bill. The briefing was standardized across the Air Force in late 2009 and contains the basic information about the program and includes the requirement to be on active duty to transfer benefits. He also stated he was directed to the Veterans Affairs GI Bill Web site. This web site has a link to the specific Post-9/11 GI Bill site that includes an additional link to complete information on how to transfer benefits to dependents as well as the eligibility requirements. The applicant had ample opportunity to seek further clarification from an educational counselor or read the available DoD or AF guidance. The complete A1PA evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 17 Jun 12, for review and comment within 30 days. As of this date, this office has received no response (Exhibit C). _________________________________________________________________ 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. 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 and adopt its rationale as the basis for our conclusion that 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. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board's understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 9 Feb 12, under the provisions of AFI 36- 2603: The following documentary evidence was considered in AFBCMR BC- 2011-01624: Exhibit A. DD Form 149, dated 10 Apr 11, w/atchs. Exhibit B. Letter, HQ USAF/A1PA, dated 2 Jun 11. Exhibit C. Letter, SAF/MRBR, dated 17 Jun 11.