RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03178 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed to transfer half of his Post-9/11 GI Bill benefits to his dependent wife. ________________________________________________________________ APPLICANT CONTENDS THAT: In 2008, he was briefed that his Post-9/11 GI Bill benefits would be available to transfer 15 years after he retired but later found out this is not the case. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 30 Sep 92 and was progressively promoted to the grade of technical sergeant (E-6), having assumed that grade effective and with a date of rank of 1 Aug 09. He retired on 1 Sep 13 after serving 20 years, 11 months, and 1 day on active duty. Any member of the Armed Forces (active duty or Selected Reserve, 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 4 additional years in the Armed Forces from the date of election. * Has at least 10 years of service in the Armed Forces (active duty and/or selected reserve) on the date of election, is precluded by either standard policy (service or DoD) or statute from committing to 4 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 required. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, indicating there is no evidence of an error or injustice. In 2008, the Education Office did properly brief the applicant that Post-9/11 GI Bill can be used up to 15 years after separation/retirement; however, the Transfer of Education Benefits (TEB) was not signed into law until 1 Aug 09, so there is no way the applicant could have been briefed on the program at the time he indicates. Additionally, there is no record the applicant ever submitted a TEB application, nor did he contact the Total Force Service Center to inquire about the status of the TEB. It is unknown when the applicant was briefed on the 36 month retainability requirement since there is no record of a TEB application but assuming the briefing occurred in 2008, the applicant had enough time to meet the four year Active Duty Service Commitment (ADSC) required with the TEB and his High Year Tenure (HYT) would not have been a concern. The Post-9/11 GI Bill, Chapter 33 became effective 1 Aug 09. Any member of the Armed Forces who, on or after 1 Aug 09, is eligible for the Post-9/11 GI Bill, had at least six years of service on the date of election may transfer unused Post-9/11 benefits to their dependents. Service Secretaries were required, as of 22 Jun 09, to provide and document individual pre-separation or release from active duty counseling regarding these benefits. The Air Force issued AFGM1 on 23 Jul 09, which required pre-separation counseling be documented on DD Form 2648, Preseparation Counseling Checklist For Active Component (AC), Active Guard Reserve (AGR), Active Reserve (AR), Full Time Support (FTS), And Reserve Program Administrator (RPA) Service Members. DoD developed a special website to facilitate the transfer of educational benefits. On 27 Jun 09, the website was operational for the purpose of accepting transfer of benefits applications. Both the Directive Type Memo and AFI 36-2306, Voluntary Education Program, 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. A complete copy of the DPSIT 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 Oct 13 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 (OPR) 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 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-2013-03178 in Executive Session on 28 May 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Jun 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 14 Aug 13. Exhibit D. Letter, SAF/MRBR, dated 31 Oct 13. Panel Chair 1