RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04281 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post-9/11 GI Bill benefits to her son. _________________________________________________________________ APPLICANT CONTENDS THAT: She submitted a request to transfer education benefits to her son; she was informed her request was incomplete, but was never advised that further action was required. She was further informed that due to her pending retirement she could not resubmit her request. In support of her request, the applicant provides a copies of documents extracted from military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Regular Air Force member who retired on 1 Feb 12. 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: AFPC/DPSIT recommends denial noting the applicant failed to complete the process to transfer benefits while she had sufficient retainability to do so. The applicant states she was TDY during this time, but this is not a true statement as noted in her Air Force Automated Education Management System (AFAEMS) records. The applicant was counseled on 15 Feb 11 regarding the transfer of education benefits. The counselor showed the applicant the website, how to navigate it, and gave her an informational brochure. On 2 Mar 11, she initiated the process of the TEB by going onto the TEB website as noted in email correspondence that was sent to the applicant. The noted traffic clearly stated how and what to do to process the application for transfer. However, the applicant failed to sign the required Statement of Understanding (SOU). There has been no injustice to the extent the applicant did not receive adequate counseling as required by law and DoD regulation. Under Title 38 United States Code (USC), Chapter 33, service members are allowed to transfer unused educational benefits to their dependent spouses and children. Any member of the Armed Forces, active duty or Selected Reserve, on or after 1 Aug 09, who is eligible for the Post-9/11 GI bill, has at least six years of service in the Armed Forces on the date of election, and agrees to serve a specified additional period of service from the date of election, may transfer unused Post-9/11 GI Bill benefits to their dependents. The Air Force, in implementing its guidance, developed a communication plan that used the Air Force Personnel Center Commander and the Education and Training Sections at each installation to serve as spokespersons to communicate the Post-9/11 GI Bill transfer-to-dependent program using internal media and communication tools, and external trade publications. There were various news articles about the Post- 9/11 GI Bill; most noted the requirement to be on duty on the 1 Aug 09 effective date to be eligible to transfer benefits. Some articles mentioned that service members on active duty or in the selected reserve could 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 Jun 09 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. The complete AFPC/DPSIT evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 Dec 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 an 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 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. _________________________________________________________________ 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-2011-04281 in Executive Session on 15 May 12, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-04281 was considered: Exhibit A. DD Form 149, dated 19 Aug 11. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 28 Nov 11, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 16 Dec 11.