RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF:DOCKET NUMBER: BC-2013-01556 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be allowed to transfer his Post-9/11 GI Bill benefits to his dependents. 2. His Serviceman’s Group Life Insurance (SGLI)/ Veterans Group Life Insurance (VGLI) be reinstated. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not properly briefed during his out-processing. He feels his Reserve unit did not properly provide the necessary information to allow him to make an informed decision regarding his educational benefits and insurance options. He was told this should have been covered during a mandatory briefing during his transition. His transition from the Air Force was completed in a rushed manner and lacked vital information. In support of his appeal, the applicant provides a supporting statement, his rating from the Department of Veteran’s Affairs and physicians notes. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air Force Reserves. He was placed on the Temporary Disability Retired List effective 28 October 2009. The applicant was sent a letter of explanation stating that members are automatically insured under full time SGLI while serving on active duty. Full time covered members receive 120 days of free coverage from their date of separation and must apply to convert SGLI to VGLI within one year after the 120 days of free coverage. The Office of SGLI is the only authority that can determine eligibility or extend the eligibility time period. The remaining relevant facts pertaining to this case are contained in the letter prepared by the office of primary responsibility and contained at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFRC/A1K recommends denial. The Post-9/11 Veterans Educational Assistance Act of 2008 became Public Law No. 110-252 when signed by the President on 30 June 2008. The Public Law has become 38 U.S.C. Chapter 33. The Department of Defense published its Directive Type Memorandum (DTM) 09-003: Post 9/11 GI Bill on 22 June 2009. The guidance established policy for authorizing the transferability of the armed forces when the transfer is executed. The Post-9/11 Bill Statement of Understanding (SOU) is issued at the time of Post-9/11 Bill counseling. The SOU clearly outlines the requirements of the Post 9/11 transfer program. The applicant applied for the transfer of benefits in September 2009; however, his application was disapproved because he failed to meet the requirements of the program at the time. Based on the legislative DTM, which states in part, a child may start use of the benefit only after the individual making the transfer has completed 10 years of service in the Armed Forces. At the time of retirement, the applicant had completed 9 satisfactory years of service. The complete A1K evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 31 October 2013, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ 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 this case; however, we find no evidence of an error or injustice to warrant corrective action. The facts and opinions stated in the advisory opinion appear to be based on the evidence of record. The applicant has not provided sufficient evidence that he was miscounseled regarding his educational benefits and insurance options. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility that since the applicant did not meet the requirements of the Post-9/11 GI Bill program at the time of his retirement, he is not eligible to transfer educational benefits. Additionally, since the applicant failed to convert his SGLI to VGLI within the one year requirement following his medical retirement, he is ineligible for VGLI. 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 that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2013-01556 in Executive Session on 10 December 2013, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Mar 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit B. Letter, AFRC/A1K, dated 1 Jul 13, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 31 Oct 13. 1 2