RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02762 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to transfer his Post 9/11 GI Bill benefits to his dependents. ________________________________________________________________ THE APPLICANT CONTENDS THAT: His understanding of the process was very limited and he received little to no assistance from the National Guard Bureau (NGB) representatives. He was led to believe that he would receive information on the Transfer of Education Benefits (TEB) from the Department of Veterans Affairs (DVA) and at that time would be able to update his benefits for his dependents. He contacted the DVA and they recommended he contact the representative from NGB for resolution. In support of his appeal, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 3 Sep 02 release from active duty; deployment orders; email correspondence; extracts from his TEB application, and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was placed on the USAF Retired List, effective 15 Feb 11, and was credited with 36 years, 2 months, and 21 days of satisfactory Federal service towards retirement. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve (SelRes), officer or enlisted) on or after 1 Aug 09, who is eligible for the Post-9/11 GI Bill, and: • Has at least 6 years of service in the Armed Forces on the date of election and agrees to serve a specified additional period in the Armed Forces from the date of election. • Has at least 10 years of service in the Armed Forces (active duty and/or SelRes on the date of election, is precluded by either standard policy (service or Department of Defense (DoD)) or statute from committing to four additional years, and agrees to serve for the maximum amount of time allowed by such policy or • statute, or • Is or becomes retirement eligible during the period from 1 Aug 09 through 1 Aug 13. A service member is considered to be retirement eligible if he or she has completed 20 years of active duty or 20 qualifying years of reserve service. • For those individuals eligible for retirement on 1 Aug 09, no additional service is required. • For those individuals who have an approved retirement date after 1 Aug 09, and before 1 Jul 10, no additional service is required. • For those individuals eligible for retirement after 1 Aug 09, and before 1 Aug 10, 1 year of additional service after approval of transfer is required. • For those individuals eligible for retirement on or after 1 Aug 10, and before 1 Aug 11, 2 years of additional service after approval of transfer are required. • For those individuals eligible for retirement on or after 1 Aug 11, and before 1 Aug 12, 3 years of additional service after approval of transfer are required. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS indicates that if the applicant can provide proof that he attempted to change his daughter's status in DEERS prior to retirement that relief should be granted or if he cannot provide the needed proof, they recommend deny. The Air Force, in implementing its guidance, developed a communication plan that used the Air Force Personnel Center Commander and the Education and Training Section 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 to be eligible to transfer benefits. 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 Directive Type Memo (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 Aug 09, the effective date of the Post-9/11 GI Bill. NGB/RSR contacted the Retention Office Manager (ROM) of the applicant’s former wing, to obtain additional information. The ROM stated on 02 Dec 10 the applicant came in for an out- processing briefing, due to mandatory retirement for reaching age 60. During the briefing, they discussed the process for transferring his Post 9/11 GI Bill benefits to his daughter. The ROM asked him if his daughter was under the age of 21, and enrolled in DEERS. He stated she was. Due to the short timeframe before his retirement, the ROM had the applicant complete the Post 9/11 GI Bill Statement of Understanding (SOU), prior to completing the TEB request, which states members are responsible for ensuring their dependents are registered in DEERS. The ROM further stated the applicant returned to his office prior to his retirement, in February 2011, because he was unable to transfer his benefits to his daughter. They found this was because his daughter was actually age 22 yrs. The ROM explained children drop out of DEERS as dependents when they reach the age of 21 yrs, if they are not full-time college students, and therefore are not eligible for the transfer of Post 9/11 GI Bill benefits. It cannot be determined if the applicant ever attempted to have his daughter registered back in DEERS. If he can provide documentation showing he attempted to change his daughter's status in DEERs prior to retiring and the Board finds there was injustice, NGB/RS recommends approval of his eligibility to transfer his Post 9/11 GJ Bill education benefits to his dependent. The complete NGB/A1PS evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 23 Sep 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 regarding the applicant’s Transfer of Educational Benefits. 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 the applicant has not been the victim of an error or injustice. Based on the available evidence presented, the applicant was asked to provide additional documentation showing that he attempted to change his daughter’s status in the Defense Enrollment Eligibility Reporting System (DEERS). Should the applicant provide the requested information, we would be inclined to reconsider his request. 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 in this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02762 in Executive Session on 15 May 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Jul 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1PS, dated 15 Sep 11, w/atch. Exhibit D. Letter, SAF/MRBR, dated 23 Sep 11. Panel Chair