RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00707 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be allowed to transfer her Post 9/11 GI Bill benefits to her dependents. _________________________________________________________________ APPLICANT CONTENDS THAT: She attended a Transition Assistance Planning (TAP) seminar in Feb 10, prior to her retirement on 1 Sep 10. She received a briefing on the GI Bill benefits by a Department of Veterans Affairs (DVA) representative. Her understanding of the briefing was that she was eligible to transfer her unused Montgomery GI Bill (MGIB) to the Post 9/11 GI Bill. She was instructed that the transfer to the Post 9/11 GI Bill from the MGIB was a one- time, irrevocable decision she had to make prior to retirement. She was directed to the VA GI Bill website to submit an application for transfer of enrollment to the Post 9/11 GI Bill. She was told by a VA GI Bill customer service representative that the transfer of benefits must be done while she was still on active duty and must be completed on the Department of Defense (DoD) GI Bill website. She was not aware there were two separate websites, or that she was required to make her transferability election on the DoD website prior to retirement. She completed the VA Form 22-1990, Application for VA Education Benefits, on 30 Aug 10. She attempted to complete the VA Transferability of Benefits Form for her dependents on 23 Feb 11; however, none of her dependents were listed as eligible. She understood the only requirement prior to retirement was to complete the transfer from the MGIB to the Post 9/11 GI Bill. Since she already has a graduate degree, she fully intended to apply for transfer of her Post 9/11 GI Bill benefits to one or both of her dependents. In support of her request, the applicant provides a copy of VA Form 22-1990. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired in the grade of lieutenant colonel effective 1 Sep 10 after serving 23 years, 1 month, and 2 days on active duty. Post-9/11 GI Bill: Any member of the Armed Forces (active duty or Selected Reserve (SelRes), 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 SelRes 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 are required. _________________________________________________________________ AIR FORCE EVALUATION: HQ USAF/A1PA recommends denial. A1PA states the applicant received the appropriate Post-9/11 GI Bill briefing and had access to web-based Post-9/11 GI Bill transfer information that contained information on the requirement to transfer benefits while still serving in the Armed Forces. The applicant states she attended a TAP seminar in Feb 10, and received a briefing on the Post-9/11 GI Bill. The briefing was standardized across the Air Force in late 2009, and contained the basic information about the program and included the requirement to be on active duty to transfer benefits. The VA GI Bill website also had a link to the Post-9/11 GI Bill site that included an additional link to complete information about how to transfer benefits to dependents. This page clearly states the eligibility requirements. The Air Force made every reasonable effort to ensure the information was available to the member prior to her retirement. The complete A1PA evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 15 Apr 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). _________________________________________________________________ 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 error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded the applicant has been the victim of an error or injustice. The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility (OPR). While the applicant indicates she was not aware of the requirement to make her transferability election prior to retirement, it appears the Air Force made every reasonable effort to ensure the information was available to the member prior to her retirement. Therefore, we agree with the opinion and recommendation of the Air Force OPR and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no basis to recommend favorable consideration of her request. _________________________________________________________________ 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 Docket Number BC-2011-00707 in Executive Session on 27 Jun 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Feb 11, w/atch. Exhibit B. Letter, HQ USAF/A1PA, dated 6 Apr 11. Exhibit C. Letter, SAF/MRBR, dated 15 Apr 11. Panel Chair