RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02572

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

She be allowed to transfer her Post 9/11 GI Bill entitlement to her dependent.  

APPLICANT CONTENDS THAT:

Chapter 33 (Title 38) did not exist until Aug 09 and she was unaware of the rules and regulations.  In support of her request, she provides copies of her Department of Veterans Affairs (VA) Form 21-4134, Statement in Support of Claim and her Certificate of Eligibility from the VA Muskogee Regional Office, dated 8 Jun 15.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 21 Jan 81.

On 31 Dec 92, the applicant was furnished an honorable discharge and was credited with 11 years, 11 months, and 10 days of active service and then affiliated with the Reserve Component.

On 31 Jul 09, the applicant was furnished an honorable discharge and transferred to the Retired Reserve effective 1 Aug 09.  

Transferability of Unused Education Benefits to Family Members. Any member of the Armed Forces (active duty and/or Selected Reserve) on or after 1 Aug 09 who meets Post-9/11 GI Bill eligibility requirements and at the time of the approval of the member’s request to transfer entitlement to educational assistance the member meets one of the following:

Has at least 6 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application and agrees to serve four additional years in the Air Force from the date of request, regardless of the number of months transferred, or

Has at least 10 years of service in the Armed Forces (active duty and/or Selected Reserve, NOAA Corps, or PHS) on the date of application, is precluded by either Air Force policy (e.g., High Year Tenure [HYT]), DoD policy or statute from committing to four additional years of service and agrees to serve for the maximum amount of time allowed by such policy or statute.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. 

AIR FORCE EVALUATION:

NGB/A1Y recommends denying the request indicating there is no evidence of an error or an injustice stating her last day in the Air National Guard was 31 Jul 09.  Public Law 110-252 states in part, that "an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed."  Directive-Type Memorandum (DTM) 09-003 - Post-9/11 GI Bill, 22 Jun 09, (reissued 14 Sep 11) attachment 2, paragraph 3.g.1 states: "Time for Transfer.  An individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement to the individual's family member only while serving in the Armed Forces."  Both of these documents were published on government-hosted websites prior to the effective date of the Post 9/11 GI Bill.  Even though she has qualifying service and meets eligibility criteria to transfer the Post 9/11 GI Bill benefit to her dependent, because she retired on 1 Aug 09 (the effective date of the Post 9/11 G.I. Bill), she could not have transferred the benefit prior to her retirement as required by the Public Law and the DTM.

A complete copy of the NGB/A1Y 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 9 Mar 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

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 of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-02572 in Executive Session on 29 Sep 16 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-02572 was considered:

	Exhibit A.  DD Form 149, dated 15 Jun 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1Y, dated 11 Jan 16, w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 9 Mar 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.