RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04492 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill educational benefits to his dependents. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not counseled on the requirements to transfer at least one month of education benefits to each dependent prior to his retirement to be able to adjust the benefits among his dependents. He has completed the required service time to be eligible to transfer these benefits to his dependent. His education office had very little information on the details of the program at the time of his election. In support of his request, the applicant provides copies of a variety of documents associated with his Post 9/11 application. 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 indicating there is no evidence of an error or injustice. The applicant has not provided any evidence showing he was not properly counseled regarding criteria for transferring education benefits to his dependents or that he needed to execute the transfer of benefits while he was on active duty. Under the provisions of AFI 36-2306, Voluntary Education Program, a service member must transfer the entitlement to education assistance while serving on active duty. 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, internal 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 of the Post-9/11 GI Bill to be eligible to transfer benefits. Some articles mentioned that service members on active duty or in the selected reserve could transfer benefits. Notably, since 1 August 2009, the Air Force approved over 50,000 transferability applications. 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 is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The only evidence he has pertaining to counseling regarding the transfer of education benefits is the TEB acknowledgement sheet, which states in Section B that a service member can transfer benefits at any time. Furthermore, he asks the Board to consider the program was new when he transferred his education benefits to his dependents and the education centers were newly trained on the requirements for the program. The applicant’s complete response, with attachments, 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. We took notice of the applicant's complete submission, including his response to the Air Force evaluation, 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. The applicant has not provided any evidence to substantiate he was not properly counseled regarding the transfer of education benefits while on active duty. Moreover, the law governing these benefits specifically states that an individual approved to transfer entitlement to educational assistance must transfer the entitlement only while serving as a member of the armed forces when the transfer is executed. 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 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-2012-04492 in Executive Session on 2 Jul 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-04492 was considered: Exhibit A. DD Form 149, dated 17 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 9 Oct 12. Exhibit D. Letter, SAF/MRBR, dated 16 Oct 12. Exhibit E. Letter, Applicant, dated 22 Oct 12, atchs.