RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04840 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer his Post-9/11 GI Bill benefits to his son. ________________________________________________________________ APPLICANT CONTENDS THAT: He repeatedly questioned a Charleston Air Force Base Education Office employee each month from December 2008 until June 2009 in regards to the Transfer of Education Benefits (TEB). He was routinely informed that there was not any new information; however, the individual told him that she believed individuals would be grandfathered to July 2008. He later learned the main stipulation to transferring educational benefits was to be on active duty on or after 1 August 2009. He was on active duty when the Post-9/11 GI Bill was proposed, signed into law, and when the Directive-Type Memorandum (DTM) 09-003: Post-9/11 GI Bill relating policies and procedures became effective. Had he known the TEB requirements when he retired on 1 July 2009, he would have postponed his retirement date until 1 August 2009 to ensure he met the eligibility requirements of the TEB. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant retired on 1 July 2009 in the grade of master sergeant (E-7). The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating the member’s effective date of retirement was prior to the start of the Program for the TEB. In accordance with Title 38 USC, Chapter 33, § 3319(f)(1), the transfer of such entitlement can only be done while serving as a member of the Armed Forces when the transfer is executed. Specifically, any member of the Armed Forces who, on or after 1 August 2009, eligible for the Post-9/11 GI Bill, had at least six years of service on the date of election and agreed to serve (if applicable) a specified additional period from the date of election, may transfer unused Post-9/11 GI Benefits to their dependents. Service Secretaries were required, as of 22 June 2009, to provide and document counseling regarding these benefits. The Air Force issued AFI 36-2306_AFGMI on 23 July 2009, which required pre-separation counseling be documented on DD Form 2648. Additionally, there were various news articles about the Post-9/11 GI Bill; most noted the requirement to be on duty on the 1 August 2009 effective date of the Post-9/11 GI Bill to be eligible to transfer benefits. However, the Air Force did not seek out members who were already on terminal leave, or had already completed separation counseling. A complete copy of the AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates his argument that prior to his retirement there was no clear instructions on how to proceed with the Transfer of Education Benefits (TEB). It was his understanding that members would be grandfathered back to July 2008, since that was the date when the bill was signed. He was never made aware, received additional counseling, or was informed of the main stipulation to TEB, although he made monthly inquires from November 2008, through 30 June 2009. Although, his retirement date was 1 July 2009, the guidance for the education offices to brief members on the TEB requirements were not made available until 22 June 2009 and he was still on active duty at that time. If he were properly notified in time, he could have cancelled his retirement orders and extended for 30 days. He does not believe notification through news articles is sufficient notice. A complete copy of the applicant’s 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 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, to include the his rebuttal response, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While the applicant contends that he would have taken action to extend his service to qualify for the transfer of education benefits, other than his own assertions, he has presented no evidence that his predicament was the result of an error on the part of the Air Force or that he has been treated differently than those similarly situated. Therefore, 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 our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2012-04840 in Executive Session on 12 August 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-04840 was considered: Exhibit A. DD Form 149, dated 13 October 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 23 October 2012. Exhibit D. Letter, SAF/MRBR, dated 6 November 2012. Exhibit E. Letter, Applicant, dated 13 November 2012, w/atchs.